Shaji vs State Of Kerala
2022 Latest Caselaw 5091 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                        WP(C) NO. 15512 OF 2022
PETITIONER

             SHAJI,
             AGED 54 YEARS
             S/O.BHASKARAN,
             MANAGING PARTNER, HOTEL EMERALD PALACE,
             KANNANELLOOR P.O, KOLLAM,
             RESIDING AT SREE BHAGYAM, ELLAMPALLOR VILLAGE,
             PERUMPUZHA P.O., KOLLAM - 691 504
             BY ADVS.
             S.SREEKUMAR (KOLLAM)
             PRIYA SHANAVAS


RESPONDENTS:

1            STATE OF KERALA,
             REPRESENTED BY THE PRINCIPAL SECRETARY
             PUBLIC WORKS DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001

2            THE DISTRICT COLLECTOR, COLLECTORATE,
             CUTCHERY, KOLLAM - 691013
3            THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,
             ROAD WORKS, BEACH ROAD, KOLLAM - 691 001
4            THE SPECIAL TAHASILDAR
             (L.A.NO.2 KIIFB) MINI CIVIL STATION
             KUNDARA, KOLLAM - 691 501
5            THE ADDITIONAL CHEIF EXECUTIVE OFFICER (KIIFB)
             2ND FLOOR, FELICITY SQUARE, KODEL LN, PALAYAM
             THIRUVANANTHAPURAM, KERALA 695 001
6            THE PROJECT DIRECTOR, KIIFB,
             2ND FLOOR, FELICITY SQUARE, KODER LN, PALAYAM,
             THIRUVANANTHAPURAM, KERALA 695 001


             GP VIDYA KURIAKOSE, SC,SRI.S.CHANDRASEKHARAN NAIR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15512 OF 2022
                                 2



                            JUDGMENT

Petitioner has approached this Court challenging a

proposal to acquire a portion of the petitioner's property for the

purpose of constructing a foot path.

2. The learned counsel for the petitioner submits that

the petitioner has constructed a hotel on the said property

investing huge amount and the proposed acquisition will

adversely affect him. He prays that there may be a direction to

the 5th respondent to consider Ext.P6 representation submitted

by the petitioner.

Having regard to the limited nature of the relief sought

for in the writ petition, this writ petition is disposed of directing

the 5th respondent to consider and pass orders on Ext.P6 with

notice to the petitioner, within a period of one month from the

date of receipt of a copy of this judgment.

Sd/-

GOPINATH P.

JUDGE nkr WP(C) NO. 15512 OF 2022

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED NO.1213/2021 DATED 23.07.2021 OF THE KANNANELLOR SRO Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT NO.KL02031008916/2021 OF THRIKOVILVATTOM VILLAGE Exhibit P3 THE EXPERT REPORT SUBMITTED BY THE EXPERT COMMITTEE Exhibit P4 THE TRUE COPY OF THE GAZETTE DATED 08.05.2020 EXHIBIT P5 TRUE COPY OF THE DETAILED OBJECTION BEFORE THE 3RD RESPONDENT, DATED 13.12.2021 EXHIBIT P6 THE TRUE COPY OF THE SUBMISSION DATED 11.04.2022 ISSUED TO THE 5TH RESPONDENT RESPONDENTS' EXHIBITS NIL