Chudalamuthu Chettiyar Kannayya ... vs Thechief Technical Examiner
2022 Latest Caselaw 5560 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                      WP(C) NO. 15291 OF 2022
PETITIONERS:

     1       CHUDALAMUTHU CHETTIYAR KANNAYYA CHETTIYAR
             AGED 86 YEARS
             S/O. KANNAYYA CHETTIYAR, KOCHUKARIMPANAKUZHY
             PURAYIDOM, CHANDANAPPALLY P.O., ANGALIKKAL VILLAGE,
             PATHANAMTHITTA DISTRICT-689648.
     2       ANANDHAVALLY AMMAL,
             AGED 76 YEARS
             W/O. CHUDALAMUTHU CHETTIYAR KANNAYYA CHETTIYAR,
             KOCHUKARIMPANAKUZHY PURAYIDOM, CHANDANAPPALLY P.O.,
             ANGALIKKAL VILLAGE, PATHANAMTHITTA DISTRICT-689648.
             BY ADVS.
             JOHNSON MANAYANI
             BENHUR JOSEPH MANAYANI
             JEEVAN MATHEW MANAYANI


RESPONDENTS:

     1       THECHIEF TECHNICAL EXAMINER
             OFFICE OF CHIEF TECHNICAL EXAMINER, PULIMOOD,
             THIRUVANANTHAPURAM-695001.
     2       THE EXECUTIVE ENGINEER,
             P.W.D. (ROADS), PATHANAMTHITTA-689645.
     3       THE ASST. EXECUTIVE ENGINEER-PWD,
             ADOOR P.O., PATHANAMTHITTA DISTRICT-691523.
     4       THE STATE OF KERALA
             REP. BY ITS SECRETARY TO PUBLIC WORKS DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.
OTHER PRESENT:

             SMT.K.AMMINIKUTTY -SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.05.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15291 OF 2022              2

                             JUDGMENT

Shri.Johnson Manayani -learned counsel for the petitioners

vehemently asserts that, without following due procedure and even

without a notification for acquisition, the official respondents are

attempting to take over certain extents of property from his clients and

contends that this is illegal and unlawful.

2. However, in response, the learned Senior Government Pleader

- Smt.K.Amminikutty, submitted that the afore apprehension of the

petitioners is wholly uncalled for, since any step to take over property

from them will be done only as per the applicable Statutes, including

the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 ('Fair

Compensation Act' for short). She added that such processes will be

initiated through the necessary notifications and thereafter proceeded

as per law, strictly following due procedure.

Recording the afore submissions of the learned Senior

Government Pleader and since the same would allay the apprehension

of the petitioners substantially, if not fully, I dispose of this writ

petition; however, leaving liberty to the petitioners to approach this

Court again, if it is so warranted, in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/26.5

APPENDIX OF WP(C) 15291/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER DATED 25.2.2019 ISSUED BY THE ANGADIKKAL VILLAGE OFFICE.

Exhibit P2 TRUE COPY OF THE COMMON JUDGMENTS IN OS NO.274/1974, IN OS NO.299/1974 AND OS NO.301/1974 OF THE HON'BLE MUNSIFF'S COURT, ADOOR DATED 7.4.1977.

Exhibit P3 TRUE COPY OF THE COMMON JUDGMENTS IN AS NO.55/1977, AS NO.56/1977 AND AS NO.57/1977 OF THE HON'BLE SUB COURT, PATHANAMTHITTA DATED 13.12.1979.

Exhibit P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 TO 4 DATED 29.4.2022.