Rajashekharan Pillai vs State Of Kerala
2021 Latest Caselaw 10045 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                    WP(C).No.5547 OF 2021(P)


PETITIONERS:

      1        RAJASHEKHARAN PILLAI
               AGED 74 YEARS
               S/O.LATE MADHAVAN, KAILAS, MUTHOOR, THIRUVALLA

      2        C.PREMACHANDRAN
               AGED 64 YEARS
               S/O.K.R.CHANDRASHEKHARAN PILLAI, NARAYANA
               MANGALAM, MUTHOOR, THIRUVALLA

      3        JAYA PRASANNA
               AGED 48 YEARS
               W/O.PRASANNA KUMAR, DHANYA HOTEL, MUTHOOR,
               THIRUVALLA

      4        BALAN N.A.
               AGED 65 YEARS
               S/O.NANUACHARI, RATHEESH BHAVAN, MUTHOOR,
               THIRUVALLA

      5        PRASANNA KUMARI
               AGED 69 YEARS
               W/O.PURUSHOTHAMMAN, SRISABARI, MUTHOOR,
               THIRUVALLA

      6        BIJU MATHEW
               AGED 42 YEARS
               S/O.CHACKO MATHEW, ERATHAPLAMOOTIL (H), MUTHOOR
               P.O., THIRUVALLA

      7        VALSALA K.P.
               AGED 59 YEARS
               W/O.PANICKER PADMANABHAN, KALARIL HOUSE,
               MUTHOOR P.O., THIRUVALLA
 WP(C)No.5547 of 2021

                              2

      8      SANTHOSH KUMAR
             AGED 43 YEARS
             S/O.SATISHAN POORAPALLI PUTHENVEEDU, MUTHOOR
             P.O., THIRUVALLA

      9      SURESH
             AGED 48 YEARS
             S/O.CHANDRADAS CHIRAKKADAVIL HOUSE, MUTHOOR,
             THIRUVALLA

      10     RAMANI C.K.
             AGED 57 YEARS
             W/O.VIJAYA, KUZHIPARAYIDATH HOUSE, MUTHOOR
             P.O., THIRUVALLA

      11     SIVAKUMAR
             AGED 52 YEARS
             S/O.KUTTAPAN, CHIRAKKADAVIL, MUTHOOR P.O.,
             THIRUVALLA

      12     G.CHANDRASHEKHAR
             AGED 66 YEARS
             S/O.LATE AYYAPPAN PILLAI, SOUPARNIKA, CHUMATHRA
             ROAD, MUTHOOR P.O., THIRUVALLA

      13     LEELAMMA GEORGE
             AGED 70 YEARS
             W/O.T.J.GEORGE, VALALIL GEORGE VILLA, MUTHOOR
             P.O., THIRUVALLA

      14     USHA DEVI S.A.
             AGED 58 YEARS
             W/O.LATE PRASSANAN KR, PARUTH SADHANAM,
             MUTHOOR, THIRUVALLA

      15     MATHEW VARGHESE
             AGED 72 YEARS
             S/O.LATE KV MATHEW, THAIPPARAMBIL HOUSE,
             MUTHOOR P.O., THIRUVALLA
 WP(C)No.5547 of 2021

                              3

      16     SHARADAMMA K.V.
             AGED 72 YEARS
             W/O.LATE RAVIDRAN NAIR, NATTUVATHIKAL, RAVI
             SADANAM, MUTHOOR, THIRUVALLA

      17     SUNIL KUMAR
             AGED 52 YEARS
             S/O.BHASKARAN P.S., BHASKARA BHAVAN, MUTHOOR
             P.O., THIRUVALLA

      18     SONI S. NAIR
             AGED 47 YEARS
             W/O.MANOJ KUMAR MV, SIVASAILAM, MUTHOOR P.O.,
             THIRUVALLA

      19     KKG NAIR
             AGED 76 YEARS
             S/O.KRISHNAPILLAI, KRISHNAVILAS, MUTHOOR P.O.,
             THIRUVALLA

      20     K.VENUGOPAL
             AGED 62 YEARS
             S/O.N.KRISHNAN NAIR, MANI DWEEP, MUTHOOR P.O.,
             THIRUVALLA

      21     THANKAMMA
             AGED 75 YEARS
             W/O.KUNJUKUNJU, CHIRAKADAVIL, MUTHOOR P.O.,
             THIRUVALLA

      22     SURENDRAN
             AGED 46 YEARS
             S/O.KUNJUKUNJU, CHIRAKADAVIL, MUTHOOR P.O.,
             THIRUVALLA

      23     PREMACHANDRAN M.T.
             AGED 40 YEARS
             S/O.THANKAPPAN M.K., MUPIRIYIL HOUSE, MUTHOOR
             P.O., THIRUVALLA.
 WP(C)No.5547 of 2021

                              4

      24     SOBHA PRADEEP
             AGED 49 YEARS
             D/O.RAGHAVAN C.K., KOCHUPURAYIL, MUTHOOR P.O.,
             THIRUVALLA

      25     VISHWANATHAN
             AGED 51 YEARS
             S/O.GOPI, KANNIYAMPARAMBIL, MUTHOOR P.O.,
             THIRUVALLA

      26     THOMAS MATHEW
             AGED 67 YEARS
             S/O.DANIEL MATHEW, PAKALOMATTAM, KOYIKERIL,
             MUTHOOR P.O., THIRUVALLA

      27     MATHEW ABRAHAM,
             AGED 68 YEARS
             S/O.ABRAHAM P. MATHAI, NEDIYAKALAYIL HOUSE,
             MUTHOOR P.O., THIRUVALLA

      28     ABRAHAM PHILIP
             AGED 53 YEARS
             S/O.PHILIPOSE, PUTHUSHERIL PUTHENVEED, MUTHOOR
             P.O., THIRUVALLA

      29     JOHN PHILIP
             AGED 32 YEARS
             S/O.PHILIPOSE, PUTHUSHERIL PUTHENVEED, MUTHOOR
             P.O., THIRUVALLA

      30     ANUB Y.
             AGED 39 YEARS
             S/O.N.M.YOUSEF, ADIVEETIL THAZHCHEYIL P.O.,
             THIRUVALLA.

      31     RASMI R.
             AGED 35 YEARS
             D/O.RAGHU C., KAIKALPARAMBIL HOUSE, MUTHOOR
             P.O., THIRUVALLA
 WP(C)No.5547 of 2021

                              5

      32     RAMAKRISHNAN
             AGED 70 YEARS
             S/O.MOHANAN RAMAKRISHNALAYAM, MUTHOOR P.O.,
             THIRUVALLA

      33     SATHI K.S.
             AGED 43 YEARS
             W/O.O.L. UNNIKRISHNAN, ONNAT HOUSE, MUTHOOR
             P.O., THIRUVALLA

      34     REMA DEVI S.
             AGED 65 YEARS
             W/O.P.K.RAMESH KUMAR, REMYA HOUSE, MUTHOOR
             P.O., THIRUVALLA

      35     GIRIJA K.
             AGED 38 YEARS
             D/O.KARUNAKARAN NAIR, KARUNA NILAYAM, MUTHOOR
             P.O., THIRUVALLA

      36     JAYASREE
             AGED 31 YEARS
             W/O.PRATHAPACHANDRAN, KARUNA NILAYAM, MUTHOOR
             P.O., THIRUVALLA

      37     P.M.THOMAS,
             AGED 54 YEARS
             S/O.P.MATHEWS, PARUTHIKKATIL HOUSE, MUTHOOR
             P.O., THIRUVALLA

      38     SUKANYA K.
             AGED 46 YEARS
             D/O.G.KESHAVA REDDIYAR, GEETHANJALI, A1 CHERRY
             APARTMENTS, MUTHOOR P.O., THIRUVALLA

      39     GEETHA S.
             AGED 46 YEARS
             D/O.ANANDAN S., ANANDASADANAM, ULLIYAMKOVIL
             P.O., KOLLAM.
 WP(C)No.5547 of 2021

                              6

      40     MIDHUN RADHAKRISHNAN
             AGED 35 YEARS
             S/O.O.N.RADHAKRISHNAN, ONNAATT, SAROVARAM,
             MUTHOOR P.O., THIRUVALLA

      41     VENKITACHALAM M.S.
             AGED 62 YEARS
             S/O.M.V.SIVARAMAN IYER, MECHERIL HOUSE,
             MUTHOOR, THIRUVALLA

      42     SIDU P.
             W/O.BINU K.P., KARTHIKA A., VAZHAPPARAMBIL,
             MUTHOOR P.O., THIRUVALLA

      43     SARASWATHI DEVIANDHRJANAM
             AGED 60 YEARS
             D/O.SANAKARAN NABOOTHIRI, MUTHOOT MADAM,
             MUTHOOR

      44     VINDO B.
             S/O.K.P.BALAKRISHNAN, VIJYAYA VIHAR, MUTHOOR
             P.O., THIRUVALLA

      45     SHEFI C.M.
             AGED 47 YEARS
             S/O.MR. C.P.MOOSA, ASIF MANSIL, MUTHOOR P.O.,
             THIRUVALLA

      46     NINU K.
             AGED 36 YEARS
             S/O.LATE KESHAVAN NAMBOOTHIRI, NELLISHERRY
             MADAM, MUTHOOR P.O., THIRUVALLA

      47     ANU K.
             AGED 38 YEARS
             D/O.LATE KESHAVAN NAMBOOTHIRI, NELLISHERRY
             MADAM, MUTHOOR P.O., THIRUVALLA

      48     SOORAJ KUMAR S.
             AGED 39 YEARS
             MUTHUTTU MADAM, , MUTHOOR P.O., THIRUVALLA
 WP(C)No.5547 of 2021

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      49       C.N.NARAYANAN NAMBOOTHIRI
               S/O.KESHAVAN NAMBOOTHIRI, NELLISHERRY MADAM,
               MUTHOOR P.O., THIRUVALLA

      50       BABURAJ
               AGED 59 YEARS
               S/O.KOCHU KRISHNAN, PUTHENPARAMBIL, MUTHOOR,
               THIRUVALLA

      51       RAJANI N.P.
               AGED 42 YEARS
               D/O.PARAMESHWARAN, NADEDIPARAMBIL, MUTHOOR P.O.

               BY ADVS.
               SRI.T.K.RAJESHKUMAR
               SHRI.MANOJ V GEORGE
               KUM.APARNA SOMARAJAN
               SMT.MERSEENA VINCENT
               SHRI.ASWIN K.R.
               SHRI.ABHILASH T.M.

RESPONDENTS:

1 STATE OF KERALA REP.BY ITS CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2 THE SECRETARY PUBLIC WORKS DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

3 THE CHIEF ENGINEER PWD (ROADS AND BRIDGES), LMS VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM 689 645.

4 THE DISTRICT COLLECTOR PATHANAMTHITTA, 2ND FLOOR, COLLECTORATE, PATHANAMTHITTA 689 645

5 THE DISTRICT POLICE CHIEF PATHANAMTHITTA DISTRICT POLICE OFFICE, THAZHEVETTIPURAM 689 645 WP(C)No.5547 of 2021

6 THE ROAD INFRASTRUCTURE COMPANY REP.BY ITS MANAGING DIRECTOR, KERALA LIMITED, GNA NO.215, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.

SRI K.V.MANOJ KUMAR - SR GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.5547 of 2021

JUDGMENT

The petitioners, who are having properties on the side of

East Muthoor - Muthoor Road (from Kottaalil Bridge to Muthoor

Junction) in Ward No.1 of Thiruvalla Municipality, have filed this

writ petition under Article 226 of the Constitution of India,

seeking a writ of mandamus commanding the respondents or any

other persons to restrain from widening Muthoor-Kizhakkan

Muthoor Road in Thiruvalla Municipality lying in front of the

buildings and properties of the petitioners, after demolition of

their compound wall, otherwise than by due process of law and

quash all Government Orders which are being brought out by the

respondent Government for the widening of East Muthoor -

Muthoor Road, in Ward No.1 of Thiruvalla Municipality. The

petitioners have also sought for a declaration that there cannot

be any acquisition of their properties including forcible

dispossession for widening East Muthoor - Muthoor Road in

Ward No.1 of Thiruvalla Municipality, otherwise than by due

process of law including any recourse to the provisions contained

in Right to Fair Compensation and Transparency in Land WP(C)No.5547 of 2021

Acquisition, Rehabilitation and Resettlement act, 2013.

2. In the writ petition, it is alleged that the respondents

are proceeding to widen the road in front of the petitioners'

properties to 10 meters, without initiating acquisition proceedings

under the provisions of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement act, 2013. The petitioners have absolutely no

intention to submit relinquish forms.

3. On 03.03.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 to 5. Urgent notice on admission by

special messenger was ordered to the 6 th respondent, returnable

by 08.03.2021. The learned Government Pleader was directed to

get instructions.

4. On 23.03.2021, during the course of arguments, the

learned counsel for the petitioners submitted that Ext.P3 printed

forms for land relinquishment are being distributed by the

Revenue Officials. The learned Senior Government Pleader was

directed to get instructions.

WP(C)No.5547 of 2021

5. Heard the learned counsel for the petitioners and also

the learned Senior Government Pleader appearing for

respondents 1 to 5, who is also the Standing Counsel for the 6 th

respondent.

6. During the course of arguments, the learned Senior

Government Pleader, on instructions from the Assistant Executive

Engineer, PWD (Roads) Sub Division, Thiruvalla, would submit

that, most of the land owners have surrendered their land for

free of cost, for widening East Muthoor - Muthoor Road. Without

written land relinquishment, properties owned by the petitioners

shall not be used for widening of the road in question.

7. The learned counsel for the petitioners would submit

that recording the aforesaid stand taken by the respondents, this

writ petition may be disposed of.

In such circumstances, this writ petition is disposed of,

recording the aforesaid stand taken by the respondents.

Sd/-

ANIL K. NARENDRAN JUDGE

yd WP(C)No.5547 of 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION DATED 20.2.2021

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 6.3.2020 PASSED BY THIS HON'BLE COURT IN WPC NO.1242/2020

EXHIBIT P3 A TRUE COPY OF THE BLANK FORM UNDER RULE 3 OF THE KERALA RELINQUISHMENT ACT AND RULES, 1958.

EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION MADE TO THE DISTRICT COLLECTOR, PATHANAMTHITTA.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE