P. Narayanankutty vs State Of Kerala
2021 Latest Caselaw 17664 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                       WP(C) NO. 16961 OF 2021
PETITIONER:

            P. NARAYANANKUTTY, AGED 73 YEARS,
            S/O. KALYANIKUTTY, RESIDING AT SHANI NIVAS,
            PARASSERY P.O., KONGAD, PALAKKAD-678 631.

            BY ADV. T.K.SANDEEP
            SMT.VEENA HARIKUMAR



RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY, KERALA PUBLIC WORKS
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2       DISTRICT COLLECTOR,
            COLLECTORATE, PALAKKAD-678 001.

    3       EXECUTIVE ENGINEER,
            ROADS DIVISION, PWD, PALAKKAD-678 001.

    4       PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT
            (KSTP), KERALA PUBLIC WORKS DEPARTMENT, SREE BALA
            BUILDING, KOWADIAR P.O., THIRUVANANTHAPURAM-695 010.

    5       KMC CONSTRUCTIONS PRIVATE LTD.,
            SHILPA HOMES LAYOUT, NEAR NASR BOYS SCHOOL,
            GACHIBOWLI, HYDERABAD-500 032.

            BY ADV.SMT.K.AMMINIKUTTY, SR.GPS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16961 OF 2021
                                -2-

                           JUDGMENT

The petitioner has approached this Court on an

apprehension that the respondents are likely to

acquire his land without following due procedure.

2. However, the learned Senior Government

Pleader - Smt.K.Amminikutty, submitted that no

acquisition of the petitioner's property has yet

begun; and therefore, that his apprehensions are

completely unfounded. She, therefore, prayed that

this writ petition be dismissed.

3. In reply, the learned counsel for the

petitioner - Sri.T.K.Sandeep, submitted that his

client was constrained to approach this Court

because, the competent Authority had measured his

property and had even tried to fix survey pegs

within it. He submitted that, therefore, this

Court may direct the respondents not to make any

acquisition otherwise than as per law. WP(C) NO. 16961 OF 2021

4. There can be no doubt that any acquisition

can happen in this Country only in compliance with

the procedure applicable. Since the learned Senior

Government Pleader asserts that there is no

proposal for acquisition of the petitioner's

property as of now and that it may happen only in

the future, I do not think that the petitioner

requires to have any apprehension at this time.

5. Resultantly, this writ petition is

disposed of, recording the submissions of the

learned Senior Government Pleader as afore and

directing the respondents to ensure that, as and

when any acquisition is warranted, the applicable

law and due procedure are followed scrupulously.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 16961 OF 2021

APPENDIX OF WP(C) 16961/2021

PETITIONER's EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 19.4.2021 ISSUED BY KONGAD-II VILLAGE OFFICE.

EXHIBIT P2 A NOTICE BY KSTP DISPLAYING THE PROJECT DETAILS OF THE MONDOOR-THOOTHA ROAD PROJECT.

EXHIBIT P3 A TRUE COPY OF THE RTI REPLY DATED 30.4.2021 FROM THE OFFICE OF THE DISTRICT COLLECTOR PALAKKAD.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE DISTRICT COLLECTOR PALAKAKD DATED 20.4.2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE