Kerala High Court
Ammini Joy vs State Of Kerala on 9 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942
WP(C).No.21337 OF 2019(N)
PETITIONER:
AMMINI JOY
AGED 68 YEARS
W/O. LATE KURIAN JOY, ALAVATHIL HOUSE,
AMBALAPPADI QUARTERS, MEENANGADI P.O.,
SULTHAN BATHERI TALUK, WAYANAD.
BY ADVS.
SHRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SMT.ANITHA MATHAI MUTHIRENTHY
SMT.LEKSHMI SWAMINATHAN
SRI.S.JAYAKUMAR
SMT.K.P.AMRUTHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR
CIVIL STATION, WAYANAD-673 592.
3 KERALA STATE ELECTRICITY BOARD LIMITED,
REPRESENTED BY THE EXECUTIVE ENGINEER, BANASURASAGAR
PROJECT, PADINJARETHARA,
VYTHIRI TALUK-673 575.
4 ASSISTANT EXECUTIVE ENGINEER,
KERALA STATE ELECTRICITY BOARD,
RESEARCH AND DAM SAFETY SUB DIVISION,
THARIYEEL, WAYANAD, PIN-673 591.
SMT.SHEEJA CS, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21337 OF 2019 2
JUDGMENT
For the construction of Banasura Sagar project, properties owned by
the petitioner and others situated at Thariode Village, Vythiri Taluk, were
acquired. As a direct consequence of the acquisition, the road which led to
the houses of about 40 persons got submerged under water. There was an
understanding that property would be acquired and a road will be built to
enable the people who lost their access to reach the main road.
Complaining of inaction, the petitioner and others had to approach this
Court and by Ext.P2 judgment dated 18.9.2014, directions were issued to
the District Collector to consider the request of the petitioners and take a
decision in an expeditious manner.
2. In tune with the directions, the 2nd respondent issued
directions to the 4th respondent herein to take expeditious steps to
acquire the property for the construction of the road. When no further
action was taken, the petitioner had to approach this Court yet again with
W.P.(C) No.33104 of 2018. By Ext.P5 judgment which is dated 17.10.2018,
this Court directed to consider the representation within a period of six
weeks.
3. In tune with the directions issued, Ext.P6 order was passed by
the Government and sanction was accorded to the KSEBL to purchase
0.0852 hectares of land comprised in Survey Nos.178/1, 178/3, 182/2,
182/10 of Kavumandam Village, with KSEBL's own fund, for the
construction of road leading to the petitioner's and 40 other families.
Pursuant to the same, the Revenue Department has issued Ext.P7 order
and the District Collector, Wayanad was ordered to acquire the land by
invoking the provisions contained in Act 30 of 2013.
4. The grievance of the petitioner herein is that despite Exts.P6
and P7 orders, no steps have been taken to acquire the land so as to
enable the petitioner herein and others to get an access to their
properties. It is in the afore circumstances that this writ petition is filed
seeking the following reliefs:-
i. To issue a writ of mandamus or any other
appropriate direction to the 2nd respondent to take steps
and implement Ext.P7 order.
ii. To issue a writ of mandamus or any other
appropriate direction to the respondents to take effective
and immediate steps to construct access road to the
petitioner's residence.
iii.
5. I have heard Sri.V.S.Chandrasekharan, the learned counsel
appearing for the petitioner and Smt.Sheeja C.S., the learned senior
Government Pleader.
6. The learned Government Pleader on instructions submits that
the Special Deputy Collector (LR), Sulthanbathery has been assigned with
the task of acquiring the lands and it is further submitted that all steps
shall be taken to acquire the land as expeditiously as possible taking into
consideration the long time which has elapsed after the rendering of
Ext.P2 judgment in the year 2014.
7. Having regard to the facts and circumstances and the
submissions advanced, this writ petition will stand disposed of with a
direction to the 2nd respondent to expedite the implementation of Exts.P6
and P7 orders and complete the entire exercise as expeditiously as
possible, at any rate, within a period of three months from today.
The petitioner shall produce a copy of the writ petition along with the
judgment before the respondent to ensure prompt compliance.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATIN DATED
JULY, 2011.
EXHIBIT P2 A TRUE COPY OF THE JUDGEMENT IN WPC
NO.21456/2014 DATED 18.9.2014.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 26.5.2016
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED
5.7.2018.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED
17.10.2018 IN WPC NO.33104/2018.
EXHIBIT P6 A TRUE COPY OF THE G.O. DATED 1.6.2019.
EXHIBIT P7 A TRUE COPY OF THE G.O. DATED 7.6.2019.
EXHIBIT P8 TRUE COPY OF PROCEEDING OF DISTRICT
COLLECTOR, WAYANAD DATED 26-09-2019.
EXHIBIT P9 TRUE COPY OF PROCEEDING OF DISTRICT
COLLECTOR, WAYANAD DATED 04-02-2020.
EXHIBIT P10 TRUE COPY OF LETTER ISSUED BY COMMITTEE
DATED 16-03-2020.
EXHIBIT P11 TRUE COPY OF FINAL REPORT FILED BY
KERALA VOLUNTARY HEALTH SERVICES,
KOTTAYAM.
EXHIBIT P12 TRUE COPY OF PROCEEDING OF DISTRICT
COLLECTOR, WAYANAD DATED 20.02.2020.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
