K.T. Joseph vs State Of Kerala
2023 Latest Caselaw 7286 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                        WP(C) NO. 19214 OF 2023
PETITIONER/S:

            K.T. JOSEPH
            S/O. KM THOMAS,
            AGED 66 YEARS,
            KUZHIVELIL HOUSE,
            LALAM KARA,
            LALAM VILLAGE,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT,
            PIN - 686575
            BY ADVS.
            P.C.HARIDAS
            P.S.GOVIND


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO THE
            DEPARTMENT OF PUBLIC WORKS,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT-695001.
    2       THE CHIEF ENGINEER,
            ROADS DIVISION
            OFFICE OF THE CHIEF ENGINEER,
            PWD, PMG JUNCTION,
            VIKASBHAVAN PO,
            THIRUVANANTHAPURAM-695033
    3       ASSISTANT EXECUTIVE ENGINEER,
            ROADS SUBDIVISION
            PUBLIC WORKS DEPARTMENT (ROADS),
            PALA, PULIYANNOOR PO,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT-PIN 686574
    4       ASSISTANT ENGINEER,
            ROADS SUBDIVISION
            PUBLIC WORKS DEPARTMENT (ROADS),
            PALA, PULIYANNOOR PO,
            MEENACHIL TALUK,
            KOTTAYAM DISTRICT,
            PIN 686574
 WPC No.19214 of 2023

                                          2

      5        RAHEED ILYAS
               KURIKKUMPARAMBIL HOUSE,
               EDAVETTY P.O.,
               IDUKKI DISTRICT 685588


               SMT. DEEPA V (GP)


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    27.06.2023,      THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC No.19214 of 2023

                                       3




                             JUDGMENT

The writ petition has been filed challenging Ext.P2

notice alleging that the petitioner has encroached into

certain portion of the land, which has already been acquired

from him under the provisions of the Land Acquisition Act,

2013.

2. The learned Government Pleader, on

instructions, would submit that, after the issuance of Ext.P2

notice, the petitioner has not made any further construction

encroaching into the Government land.

In the light of the above submission, this writ

petition is closed, making it clear that the petitioner shall not

carry out any construction activities encroaching into any

portion of the land that has been acquired from him.

Sd/-

GOPINATH P., JUDGE rkj WPC No.19214 of 2023

APPENDIX OF WP(C) 19214/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE AWARD DATED 12/01/2021 IN RESPECT OF THE PROPERTY OF THE PETITIONER Exhibit2 TRUE COPY OF THE NOTICE DATED 23/12/2022 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit-P3 TRUE COPY THE STOP MEMO DATED 01/02/2023 ISSUED BY THE PALA MUNICIPALITY TO THE PETITIONER Exhibit-P4 TRUE COPY OF THE REPLY DATED 03/06/2023 TO EXT.P2 SUBMITTED BY THE PETITIONER