Kerala High Court
T.R.Sivadasan vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 17138 OF 2012
PETITIONER/S:
1 T.R.SIVADASAN, AGED 66 YEARS
S/O.RAVUNNI,PENSIONER"HARMIUM",47/718,P
.O.CIVILSTATION,CALICUT-673020.
2 SARA.R.P, S/O.AHAMED KUTTY,NO
OCCUPATION,34/447,"FATHIMAS",CHULLIYODE
ROAD,CIVIL STATION.P.O,CALICUT-673020.
BY ADVS.
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SRI.K.V.PAVITHRAN
SRI.P.P.RAMACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 SPECIAL TAHSILDAR
LAND ACQUISITON,CIVIL STATION,KOZHIKODE-673030.
3 CORPORATION OF KOZHIKODE
REPRESENTED BY SECRETARY,CORPORATION
BUILDINGS,KOZHIKODE-673001.
4 THE TOWN PLANNER
REGIONAL TOWN PLANNING OFFICE,TAXI STAND CUM
OFFICEBUILDINGS,GENERAL HOSPITAL
ROAD,PALAYAM,KOZHIKODE,PIN-673001.
5 ASSISTANT EXECUTIVE ENGINEER
PWD AND CO ORDINATOR,KOZHIKODE CITY ROADS
IMPROVEMENT PROJECT,CIVIL STATION,KOZHIKODE-
673020.
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, ALONG WITH WP(C).17170/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
W.P.(C) Nos. 17170 of 2011 & 17138 of2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 17170 OF 2011
PETITIONER/S:
K.S.RENTHI DEVAN
S/O.LATE SRI.SANKARAN, RESIDING AT 34/434.
PINCHU,, P.O.CIVIL STATION, KOZHIKODE-673 020.
BY ADV SRI.K.A.SALIL NARAYANAN
RESPONDENT/S:
1 THE SPECIAL TAHSILDAR AND OTHERS
REPRESENTED BY CHIEF SECRETARY,, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE SPECIAL TAHSILDAR LAND ACQUISITION
OFFICE OF THE LAND ACQUISITION SPECIAL
TAHSILDAR,, CIVIL STATION, KOZHIKODE-673 020.
3 THE KOZHIKODE CORPORATION
CORPORATION BUILDINGS, 673 001,, KOZHIKODE,
REP.BY ITS SECRETARY.
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2023, ALONG WITH WP(C).17138/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
W.P.(C) Nos. 17170 of 2011 & 17138 of2012
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) Nos. 17170 of 2011 & 17138 of2012
=============================================================
Dated this the 17th day of January, 2023
JUDGMENT
These two writ petitions are connected and therefore, I am
disposing of these two writ petitions by a common judgment.
2. These writ petitions are filed challenging the land
acquisition proceedings for acquiring lands of the petitioners for
widening civil station - Kottooli road by issuing notification
under Section 4(1) of the Land Acquisition Act.
3. Today when the matter came up for consideration, the
Government Pleader, on instructions, submitted that earlier
Section 4(1) notification is already lapsed and a new sketch is
prepared and forwarded to the Government for approval on
13.12.2021. If that be so, the prayers in these writ petitions are
infructuous. If there is any further proposal to acquire the land,
W.P.(C) Nos. 17170 of 2011 & 17138 of2012
the petitioners are free to take appropriate steps in accordance to
law.
Giving liberty to the petitioners to take appropriate steps, if
there is any fresh steps to acquire the property, these writ
petitions are closed. sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
