James M.H vs State Of Kerala
2021 Latest Caselaw 20042 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                       WP(C) NO. 19993 OF 2021
PETITIONER:

          JAMES M.H.
          AGED 61 YEARS
          S/O.PHILIPOSE MATHAI,
          MELEMEMURIYIL HOUSE, KUMBAZHA P.O.,
          PATHANAMTHITTA-689 653

          BY ADVS.


          K.SHAJ
          C.IJLAL
          UMMUL FIDA
          JOSEPH MARY DAS
          VINAYAK G MENON
          ARUN CHAND
          BHARAT VIJAY P.
          MAJID MUHAMMED K.
          ANANDU R.
          RADHIKA MOHAN



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

    2     THE SPECIAL TAHSILDAR ,
          L.A.(N.H), RANNI, PATHANAMTHITTA DISTRICT-689 672

    3     THE EXECUTIVE ENGINEER,
          PUBLIC WORKS DEPARTMENT
          (KERALA STATE TRANSPORT PROJECT DIVISION),
          PONKUNNAM, KANJIRAPPALLY-686 506

    4     EKK INFRASTRUCUTRE LTD,
          REPRESENTED BY ITS MANAGING DIRECTOR, 2ND FLOOR,
          MUNICIPAL BUILDING, PERUMBAVOOR-683 542
 WP(C) NO. 19993 OF 2021
                                  2

           BY ADVS.

           SMT. AMMINIKUTTY - SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19993 OF 2021
                                  3

                             JUDGMENT

The petitioner has approached this Court apprehending that his

property will be taken possession of by the respondents without

following the provisions of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013. The petitioner says that his apprehension has been

fortified because certain survey stones have been laid on his

property, but without even notifying him.

2. However, the learned Senior Government Pleader

Smt.Amminikutty, submitted that, though certain preliminary work

has been done, no notification for acquisition has been issued and

added that the petitioner has approached this Court with unwanted

apprehension, because his property will not be acquired without

following due procedure under the applicable law.

Taking note of the afore submissions and recording the same,

I allow this writ petition, directing the respondents not to acquire or

dispossess the petitioner from the property in question without

following due procedure and without complying with the imperative WP(C) NO. 19993 OF 2021

mandate under the provisions of the applicable Statutes, Rules and

Regulations.

This writ petition is ordered thus.

Sd/-

DEVAN RAMACHANDRAN JUDGE scs WP(C) NO. 19993 OF 2021

APPENDIX OF WP(C) 19993/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT NO.9560 DATED 20.10.2020 ISSUED BY THE VILLAGE OFFICE, PATHANAMTHITTA TO THE PETITIONER

Exhibit P2 THE PHOTOGRAPHS SHOWING THE BOUNDARY MARKERS INSIDE THE PROPERTY OF THE PETITIONER

Exhibit P3 THE TRUE COPY OF THE ORDER IN WPC NO.13800/2020 DATED 09.07.2020