Jacob Abraham vs State Of Kerala
2023 Latest Caselaw 12560 Ker

Kerala High Court

Jacob Abraham vs State Of Kerala on 22 November, 2023

Author: Murali Purushothaman

Bench: Murali Purushothaman

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 37564 OF 2023
PETITIONER:

          JACOB ABRAHAM
          AGED 58 YEARS
          S/O ABRAHAM, PADALUNGAL HOUSE, K CHAPPATH,
          IDUKKI DISTRICT, PIN - 685506

          BY ADVS.
          T.A.UNNIKRISHNAN
          K.K.AKHIL
          T. SREELAKSHMI UNNIKRISHNAN
          DAKSHINA SARASWATHY
          NANDU S KUMAR



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY.
          PUBLIC WORKS DEPARTMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR
          IDUKKI, COLLECTORATE, IDUKKI, PIN - 685603

    3     THE EXECUTIVE ENGINEER
          PUBLIC WORK DEPARTMENT (ROADS)
          IDUKKI, PIN - 682602

    4     THE ASSISTANT EXECUTIVE ENGINEER
          KRFB - PMU DIVISION THODUPUZHA
          IDUKKI, PIN - 685584
          R BY GP ADV.BIMAL K.NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37564 OF 2023             : 2 :




                            JUDGMENT

The petitioner states that he is the absolute

owner and in possession of 6 Ares 13 sq.metres of

land comprised in resurvey No.339/5-1 of

Ayyappancoil Village at Aladykara, situated abutting

the Kattappana - Elappara highway. The petitioner

apprehends that, for the purpose of the widening of

the aforesaid road, his property will be taken over

without following the procedure for acquisition.

Accordingly, the petitioner has filed this writ petition

for the following reliefs:

i) Issue a writ of mandamus or such other writ order or direction directing directing the respondents not to evict the petitioner from any part of his property covered by Exhibit P1, without resorting to the provisions of law relating to acquisition of land for public purpose.

ii) dispense with the production of

translation of vernacular documents."

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. The learned Government Pleader, on

instructions, submits that, as part of widening of

Kattappana - Elappara road, a survey is being

conducted and the survey in respect of the petitioner's

property will be conducted with notice to him. It is

also submitted that there will not be any forceful

eviction of the petitioner and his property will be

taken for widening of the road only on voluntary

surrender or through due process of law.

Recording the said submission, the writ petition

is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 14/3/2023 ISSUED BY THE VILLAGE OFFICER AYYAPANCOIL VILLAGE

Exhibit P2 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER AYYAPPANCOIL ON 14/12/2010

Exhibit P3 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE RESIDENTIAL BUILDING NUMBER 189/11 OWNED BY THE PETITIONER, DATED 31/10/23

Exhibit P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE BUILDING BEARING NO. 190/11 OF THE PETITIONER DATED 31/10/23