Mohanan.G vs State Of Kerala
2021 Latest Caselaw 19680 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                      WP(C) NO. 19393 OF 2021
PETITIONER:

            MOHANAN.G.,
            AGED 60 YEARS
            TC 9/1571, VARUVILAKATHU VEEDU, SASTHAMANGALAM
            P.O., THIRUVANANTHAPURAM-695 010.

            BY ADVS.
            K.P.SATHEESAN (SR.)
            P.MOHANDAS (ERNAKULAM)
            K.SUDHINKUMAR
            S.K.ADHITHYAN
            SABU PULLAN
            GOKUL D. SUDHAKARAN



RESPONDENTS:

       1     STATE OF KERALA,
             REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
             DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

       2     THE EXECUTIVE ENGINEER,
             P.W.D.(ROADS), PUBLIC WORKS DEPARTMENT, NEAR
             P.M.G., THIRUVANANTHAPURAM-695 033.

       3     SRI.SAJU V.ITTY,
             EXECUTIVE DIRECTOR, KERALA VOLUNTARY HEALTH
             SERVICES, KOTTAYAM-686 001.


OTHER PRESENT:

            Smt K Amminikutty Sr GP




        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    17.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19393 OF 2021      2

                          JUDGMENT

The petitioner has approached this Court with a

singular plea that Ext.P9 objections be directed to

be taken up and decided upon by the 2 nd respondent,

before the Social Impact Assessment Study Report is

made by the 3rd respondent.

2. The learned Senior Government Pleader,

Smt.Amminikutty, submitted that if the petitioner

only requires as afore, she will not stand in the

way; but prayed that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to be decided

by the competent Authority, in terms of law.

Taking note of the afore submissions, I allow

this writ petition and direct the 2nd respondent -

Executive Engineer, PWD (Roads), to take up Ext.P9

objections of the petitioner and dispose it of;

thus culminating in an appropriate order thereon,

which shall be done not later than the date on

which the 3rd respondent initiates proceedings for

conducting the Social Impact Assessment Study in

terms of the applicable Act.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/20.9

APPENDIX OF WP(C) 19393/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SKETCH SHOWING THE LIE OF THE PETITIONERS PROPERTY AND THE TWO ROADS ON EITHER SIDE.

Exhibit P2 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT AS GO(P) NO.35/2018/RD DATED 13.06.2018.

Exhibit P3 TRUE COPY OF THE PLAN PREPARED BY A RETIRED HEAD SURVEYOR SHOWING THE LIE OF THE PETITIONERS PROPERTY.

Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.09.2020.

Exhibit P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT AS GO(P) NO.25/2021/RD DATED 10.02.2021.

Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE PUBLIC NOTICE ISSUED BY THE IMPACT ASSESSMENT AUTHORITY.

Exhibit P7 TRUE COPY OF THE SKETCH SHOWING THE PROPERTY SOUGHT TO BE ACQUIRED FROM THE PETITIONER.

Exhibit P8 TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER FROM THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM DATED 12.01.2021.

Exhibit P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2021.