Greeshma vs State Of Kerala
2022 Latest Caselaw 6869 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                      WP(C) NO. 14916 OF 2022
PETITIONER:

            GREESHMA
            AGED 34 YEARS
            MULANTHURUTHIL HOUSE, RAMESWARAM VILLAGE,
            KOCHI TALUK, PALLURUTHY P.O, ERNAKULAM 682 006
            BY ADVS.
            S.SUNIL KUMAR (PALAKKAD)
            B.S.SURAJ KRISHNA
            P.PADMAPRIYA
            LEKSHMI S.SEKHER

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            LOCAL SELF GOVERNMENT DEPARTMENT,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001
    2       DISTRICT COLLECTOR
            ALAPPUZHA DISTRICT, CIVIL STATION,
            ALAPPUZHA 688 001
    3       MUHAMMA GRAMA PANCHAYAT
            MUHAMMA P.O, CHERTHALA, ALAPPUZHA 688 525
            REPRESENTED BY ITS SECRETARY
    4       THE SECRETARY
            MUHAMMA GRAMA PANCHAYAT,MUHAMMA P.O, CHERTHALA
            ALAPPUZHA 688 525
            BY SMT.DEEPA NARAYANAN, SR.GOVT. PLEADER



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   14.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.14916/2022

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.14916 of 2022
             ----------------------------------------------
            Dated this the 14th day of June, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of mandamus or any other appropriate writ, order or directions directing the Respondents No-3 and 4 to issue proper notice to Petitioner before initiating any proposal for acquiring Petitioner property. ii. To issue a writ of mandamus or order or direction to Respondent No-1 and 2 to frame a proper mechanism for acquisition of private land for public purposes under Respondent No-3 panchayat.

iii. To pass any other order as this Hon'ble Court deems fit.

(SIC)

2. The main prayer of the petitioner is to issue a

direction to respondents 3 and 4 to issue notice to the

petitioner, if there is any proposal to acquire her property.

3. When this writ petition came up for consideration W.P.(C).No.14916/2022

on 29.04.2022, this Court passed the following order:

"Respondents are directed to issue notice as required under law in case the property belonging to the petitioner is reported for acquisition."

3. Even though notice is issued to the respondents,

there is no appearance. In the light of the above fact, the

interim order can be made absolute and the writ petition can

be disposed.

Therefore, this writ petition is disposed of in the

following manner:

1. The interim order dated 29.04.2022 is made

absolute.

2. Respondents 3 and 4 can take possession of

the property of the petitioner only following

the procedure established by law.

sd/-

                                             P.V.KUNHIKRISHNAN
JV                                                  JUDGE
 W.P.(C).No.14916/2022





                 APPENDIX OF WP(C) 14916/2022

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE SETTLEMENT DEED NO
                  1366/2018 OF PUTHAMBALAM SRO