Gireesh vs Special Deputy Collector
2022 Latest Caselaw 6516 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                       WP(C) NO. 30578 OF 2021
PETITIONER:

          GIREESH,
          AGED 34 YEARS
          THEKKEVILA VEEDU, KUNNANKARA KONAM,
          MELTHONNACKAL VILLAGE, THIRUVANANTHAPURAM-695317.

          BY ADVS.
          P.M.SANEER
          SHAJIN S.HAMEED
          MELWIN BYJU



RESPONDENTS:

    1     SPECIAL DEPUTY COLLECTOR,
          LAND ACQUISITION NATIONAL HIGHWAY (LA NH),
          KAZHAKOOTAM,
          THIRUVANANTHAPURAM-695582.

    2     THE SPECIAL TAHASILDAR,
          LAND ACQUISITION NATIONAL HIGHWAY (LA NH),
          KAZHAKOTTAM,
          THIRUVANANTHAPURAM-695582.

    3     UMADEVI,
          D/O. AMMINIKUTTY, MG BHAVAN,
          MELTHONNACKAL VILLAGE,
          THONNACKAL P.O.,
          THIRUVANANTHAPURAM-695317.

    4     AFILASH,
          S/O. UMADEVI, M.G. BHAVAN,
          MELTHONNACKAL VILLAGE, THONNACKAL P.O.,
          THIRUVANANTHAPURAM-695317.

    5     ANEESH,
          S/O. UMADEVI, M.G. BHAVAN,
          MELTHONNACKAL VILLAGE, THONNACKAL P.O.,
          THIRUVANANTHAPURAM-695317.
 WP(C) NO. 30578 OF 2021

                                   2



     6       ADDL.R6 THE PROJECT DIRECTOR,
             NHAI, THIRUVANANTHAPURAM.

             [ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
             24/01/2022 IN WP(C) 30578/2021]

             BY ADVS.
             J.G.SYAMNATH
             SRI. MATHEWS K. PHILIP.

             SRI. BIMAL K. NATH, SR.GP,



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.06.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30578 OF 2021

                                   3

                               JUDGMENT

The petitioner is a tenant, who is continuing in the

property which is the subject matter of acquisition and

belonging to respondents 3 to 5 on the basis of the interim

orders of this Court issued in this writ petition. The petitioner

had challenged directions to surrender the premises and

approached this Court seeking breathing time to shift the

workshop which is being conducted.

2. The writ petition has been pending for the past six

months and the petitioner has already been granted sufficient

time to vacate the premises. The interim order of this Court

cannot adversely affect the right of the owners of the property,

who are entitled to compensation on account of the

acquisition. Since I find that sufficient time has already been

granted to the petitioner, I do not think there will be any

justification for continuing with the interim orders against

dispossession of the petitioner.

In such circumstances, this writ petition is disposed of

permitting the petitioner to approach the Competent WP(C) NO. 30578 OF 2021

Authority for Land Acquisition (CALA), if he has any subsisting

grievance.

The writ petition is closed with the above direction.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 30578 OF 2021

APPENDIX OF WP(C) 30578/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT IN OS NO.427/2021 PENDING IN THE MUNSIFF COURT, ATTINGAL.

Exhibit P2 A TRUE COPY OF THE INJUNCTION ORDER DATED 06/10/2021 IN IA NO.1/2021 IN OS 427/2021 OF MUNSIFF COURT, ATTINGAL.

Exhibit P3 A TRUE COPY OF THE SUMMONS ISSUED BY THE 1ST RESPONDENT, ALONG WITH TYPED COPY, TO SURRENDER THE SHOW ROOM.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 20/12/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.