Kerala High Court
Robin John vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.25378 OF 2020(V)
PETITIONER/S:
1 ROBIN JOHN,
AGED 60 YEARS,
S/O. JOHN, CHELLIYIL HOUSE, NADAVAYAL P. O.,
NADAVAYAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD
DISTRICT, PIN - 670 721.
2 GENCY ROBIN,
AGED 55 YEARS,
W/O. ROBIN JOHN, CHELLIYIL HOUSE, NADAVAYAL P. O.,
NADAVAYAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD
DISTRICT, PIN - 670 721.
BY ADVS.
SRI.P.B.PRADEEP
SHRI.VISHNU PRADEEP
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
PIN - 685 001.
2 THE DISTRICT COLLECTOR,
WAYANAD, WAYANAD DISTRICT, PIN - 673121.
3 THE TAHASILDAR,
VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673576.
4 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT (ROADS AND BRIDGES), KALPETTA NORTH,
WAYANAD DISTRICT, PIN - 673122.
5 THE SUPERINTENDENT OF POLICE,
S.P.OFFICE, KALPETTA P. O., WAYANAD DISTRICT,
PIN - 673121.
WP(C).No.25378 OF 2020(V) 2
* 6 ADDL R6 IS IMPLEADED:
THE TAHSILDAR,
MANANTHAVADY TALUK OFFICE, WAYANAD,PIN 670645.
* (ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
21/12/2020 IN WP(C)NO.25378/2020)
SMT MABLE C KURIAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25378 OF 2020(V) 3
JUDGMENT
Being aggrieved by the attempts being made by the respondents to
take physical possession of the property owned by the petitioners without
following the procedure established by law, the petitioners are before this
Court seeking the following reliefs.
(i) Issue a writ of mandamus directing the respondents not to take the
property of the petitioners forcefully or widening the width of
Beenachi-Panamaram Road, without initiating proceedings under
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(ii) Issue a writ of mandamus directing the Respondents 1 to 4 to
initiate valid land acquisition proceedings for widening the
Beenachi-Panamaram Road."
2. The learned Government Pleader on instructions submitted that
the Beenachi - Panamaram Road is being widened with the support of the
persons living on either sides of the road. Some have surrendered their
land for the purpose of widening whereas some persons have refused to
surrender possession. It is submitted that if the petitioners are not
desirous of surrendering their property for a legitimate public purpose,
they are free to do so, and no property shall be taken over by force. It is
submitted that if compulsory acquisition is warranted for any public
purpose, necessarily the procedure as contemplated under Act 30 of 2013
shall be followed.
This submission is recorded and this writ petition is closed.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2366/2000 OF
THE SRO, PANAMARAM.
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.2751/2000 OF
THE SRO, PANAMARAM.
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.2752/2000 OF
THE SRO, PANAMARAM.
EXHIBIT P4 TRUE COPY OF THE TAX PAID RECEIPT DATED
12.10.2020 ISSUED BY THE VILLAGE OFFICER,
PANAMARAM.
EXHIBIT P5 TRUE COPY OF POSSESSION CERTIFICATE DATED
24.03.19 ISSUED FROM VILLAGE OFFICER,
PANAMARAM.
EXHIBIT P6 TRUE COPY OF SALE DEED NO.362/1/2004 OF
SRO, PANAMARAM IN THE NAME OF 2ND
PETITIONER.
EXHIBIT P7 TRUE COPY OF THE TAX PAID RECEIPT DATED
12.10.2020 ISSUED BY THE VILLAGE OFFICER,
PANAMARAM.
EXHIBIT P8 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 24.03.19 ISSUED BY THE VILLAGE
OFFICER, PANAMARAM.
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY// P.A.TO JUDGE
