Kerala High Court
Mercykutty John vs The State Of Kerala And Others on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 22694 OF 2011
PETITIONER:
MERCYKUTTY JOHN
W/O.LATE JOHN ANTONY,, `MARYLAND', LAKKIDI, PALAKKAD.
BY ADV SRI.V.V.SURESH
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LAND
REVENUE,, THIRUVANANTHAPURAM-695 001.
2 THE SPECIAL TAHASILDAR
L.A.KINFRA, PALAKKAD-678 001.
3 KERALA INDUSTRIAL INFRASTRUCTURE
DEVELOPMENT CORPORATION, T.C.23/3312, KINFRA HOUSE,
SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010.
4 SUPERINTEND OF POLICE (VIGILANCE)
PALAKKAD DISTRICT, PALAKKAD-678 001.
BY ADV SRI.P.U.SHAILAJAN
SMT.MABLE.C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, ALONG WITH WP(C).5902/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.22694 & 5902 of 2011
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 5902 OF 2011
PETITIONERS:
1 NEHRU COLLEGE OF EDUCATIONAL &
CHARITABLE TRUST, 451 D, PALAKKAD MAIN ROAD,,
KUNIAMUTHUR, COIMBATORE, REPRESENTED BY ITS,
MANAGING TRUSTEE, SRI. P.KRISHNA DAS.
2 P.KRISHNA KUMAR
TRUSTEE, NEHRU COLLEGE OF EDUCATIONAL &
CHARITABLE TRUST, 451, PALAKKAD MAIN ROAD,
KUNIAMUTHUR, COIMBATORE.
BY ADV SRI.GEORGE JACOB (JOSE)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY, LAND REVENUE DEPARTMENT,,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
PALAKKAD-678 001.
3 THE SPECIAL TAHSILDAR
LAND ACQUISITION, (KERALA
INDUSTRIAL,INFRASTRUCTURE DEVELOPMENT
CORPORATION(KINFRA), PALAKKAD-678 001.
4 THE MANAGING DIRECTOR
KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT,
CORPORATION(KINFRA), TC NO.31/2312,SASTHAMANGALAM
P.O., THIRUVANANTHAPURAM-695 010.
BY ADV SRI.P.U.SHAILAJAN
SMT.MABLE.C.KURIAN, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, ALONG WITH WP(C).22694/2011, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.22694 & 5902 of 2011
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)Nos.22694 and 5902 of 2011
--------------------------------
Dated this the 04th day of August 2021
JUDGMENT
The learned Standing Counsel appearing for the
3rd respondent in W.P.(C)No.22694/2011, who is the
4th respondent in W.P.(C)No.5902/2011, submitted
that the property of the petitioners in these writ
petitions are excluded from the land acquisition
proceedings. In the light of the above
submission, the learned counsel for the
petitioners submitted that, these writ petitions
can be closed recording the same.
Therefore, these writ petitions are closed
recording the submission of the learned Standing
Counsel.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) Nos.22694 & 5902 of 2011
APPENDIX OF WP(C) 5902/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT OF THE
DETAILS OF THE LAND SY. AND RE-SURVEY
NOS. OF THE COLLEGE.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
APPROVAL DATED 23/08/2010 OF THE
DEPARTMENT OF CIVIL AVIATION.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED
23/11/2009 OF R3.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED
25/01/2010 OF THE FIRST PETITIONER
ADDRESSED TO R2.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
08/02/2010 OF THE FIRST PETITIONER
ADDRESSED TO R3.
EXHIBIT P6 TRUE COPY OF THE NOTICE DATED
09/02/2010 TO R3.
EXHIBIT P7 TRUE COPY OF THE WRITTEN OBJECTIONS
DATED 16/02/2010 OF THE PETITIONER TO
R3.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED
24/04/2010 OF R2.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
15/05/2010 OF THE PETITIONER
ADDRESSED TO R2 AND R3.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED
20/05/2010 OF R3.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED
25/06/2010 OF THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE FURTHER LETTER DATED
WP(C) Nos.22694 & 5902 of 2011
25/06/2010 OF THE 1ST PETITIONER.
EXHIBIT P13 TRUE COPY OF THE PETITION DATED
15/01/2011 OF THE 1ST PETITIONER
ADDRESSED TO ALL THE RESPONDENTS.
EXHIBIT P14 TRUE COPY OF THE PETITION DATED
15/01/2011 SENT TO THE RESPONDENTS BY
THE PETITIONER.
EXHIBIT P15 TRUE COPY OF THE RELEVANT EXTRACT OF
THE 1994 REGULATIONS STIPULATING 25
ACRES AS REQUIRED FOR A COLLEGE.
EXHIBIT P16 TRUE COPY OF THE RELEVANT EXTRACT OF
THE REPORT OF THE EXPERT COMMITTEE
FOR EXTENSION OF AICTE APPROVAL.
EXHIBIT P17 TRUE COPY OF THE PUBLICATION OF THE
AICTE OF 2008 REDUCING THE
PRESCRIPTION OF 25 ACRES REDUCED TO
10 ACRES.
EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED
14/03/2011 OF THE PETITIONER TO THE
FIRST RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE PUBLICATION OF THE
AICTE PRESCRIBING NORMS FOR SPACES
AND BUILDINGS OF AN ENGINEERING
COLLEGE.
RESPONDENT EXHIBITS
EXHIBIT R4(A) TRUE COPY OF THE APPROVED PROCESS
HANDBOOK OF ALL INDIA COUNCIL FOR
TECHNICAL EDUCATION (AICTE).
WP(C) Nos.22694 & 5902 of 2011
APPENDIX OF WP(C) 22694/2011
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PATTA DATED
27/11/2015.
EXHIBIT P2 PHOTOSTAT COPY OF THE TAX RECEIPT AND
SKETCH OF PETITIONERS PROPERTY.
EXHIBIT P3 PHOTOSTAT COPY OF NOTICE DATED
28/06/2010. BY THE 2ND RESPONDENT.
EXHIBIT P4 PHOTOSTAT COPY OF REPRESENTATION OF THE
PETITIONER FILED BEFORE THE 2ND
RESPONDENT DATED 03/08/2010.
EXHIBIT P5 PHOTOSTAT COPY OF NOTICE GIVEN BY THE
2ND RESPONDENT DATED 18/06/2011.
//TRUE COPY//
PA TO JUDGE
