Shameer Abdul Rashid vs The Executive Engineer Roads
2022 Latest Caselaw 3206 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 9198 OF 2022
PETITIONERS:

    1     SHAMEER ABDUL RASHID,
          AGED 43 YEARS
          S/O. ABDUL RASHID, SHALU MANZIL, KANNANALOORE P.O.,
          KOLLAM 691 576.

    2     JASMIN BEEGUM,
          W/O. SHAMEER ABDUL RASHID, SHALU MANZIL, KANNANALOORE
          P.O., KOLLAM 691 576.

          BY ADV SHARAN SHAHIER



RESPONDENTS:

    1     THE EXECUTIVE ENGINEER ROADS,
          PWD, BEACH ROAD, KOLLAM, 691 001.

    2     THE SPECIAL THASILDAR(L NO. 2),
          MINI CIVIL STATION, KUNDARA, KOLLAM 691 501.


OTHER PRESENT:

          SMT.MABLE C.KURIAN SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9198 OF 2022
                               2




                        JUDGMENT

The petitioner seeks an innocuous prayer that Ext.P3

representation of theirs be directed to be taken up and

disposed of by the competent respondents, within a time

frame to be fixed by this Court.

2. When I examine Ext.P3, I am afraid that it may

not be possible for this Court to accede to the request

made by the petitioners, as voiced by their learned

counsel - Sri. Sharan Shahier, because they have

approached this Court with a speculative cause of action,

that pursuant to Ext.P2 notification issued under Section 6

of the Kerala Survey and Boundaries Act, 1961, an

acquisition is imminent.

3. It is needless to say that if any proceedings for

acquisition is taken forward consequent to the survey

conducted resultant to Ext.P2, then the petitioner can

certainly approach the competent Authority, either WP(C) NO. 9198 OF 2022

statutorily or in such other manner, as may be permitted

under law. I did not, therefore, think that a preemptive

action in the manner of a representation akin to Ext.P3 can

be permitted at this stage.

Resultantly, leaving open all contentions of the

petitioner to be impelled at the time when any step for

acquisition of the properties is taken forward, I close this

writ petition without any further orders.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 9198 OF 2022

APPENDIX OF WP(C) 9198/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DAT 0-1.07.2021 OF THAZHUTHALA VILLAGE.

Exhibit P2 TRUE COPY OF THE NOTICE NO. C-83/2021 DATED 08.05.2020 PUBLISHED IN KERALA GAZETTE ORDINARY ON 01.07.2020.

Exhibit P3 TRUE COPY OF APPLICATION DATED 17.9.2020 TO THE RESPONDENTS.