Kerala High Court
Dr.Robinet Jacob vs The Secretary To Govt on 27 October, 2023
WP(C) No.17075/2015 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 27th day of October 2023 / 5th Karthika, 1945
WP(C) NO. 17075 OF 2015(H)
PETITIONER:
DR.ROBINET JACOB, AGED 42 YEARS, S/O. N.P.CHACKO, PUTHIYAKUNNEL,
MARALA P.O., MUTTOM, THODUPUZHA, DIST. IDUKKI.
RESPONDENTS:
1. THE SECRETARY TO GOVT., IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
2. THE CHIEF ENGINEER, IRRIGATION PROJECT NO.II, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
3. THE SUPERINTENDING ENGINEER, MUVATTUPUZHA VALLEY, IRRIGATION
PROJECT, PROJECT CIRCLE, MUVATTUPUZHA - 686 661.
4. THE EXECUTIVE ENGINEER, MUVATTUPUZHA VALLEY, IRRIGATION PROJECT,
DIVISION NO.I, THODUPUZHA, DIST. IDUKKI - 685 584.
5. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI - 685 603.
6. THE TAHASILDAR, THODUPUZHA, DIST. IDUKKI - 685 584.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 and 5 to reconvey 87 square meter of
land comprising in Sy. No. 114/1 part of Karinkunnam Village in Thodupuzha
taluk in lieu of 130 square meter of land comprised in Sy. No. 114/2 and
114/3 in Karinkunnam Village in Thodupuzha Taluk taken possession of from
the petitioner as recommended by Chief Engineer in Exhibit P2, pending
disposal of the Writ Petition in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. K.REGHU KOTTAPPURAM, M.MUKESH & MURUKESH REGHU, Advocates for the
petitioner and of GOVERNMENT PLEADER for the respondents, the court passed
the following:
WP(C) No.17075/2015 2/4
AMIT RAWAL, J.
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W.P.(C) No. 17075 of 2015
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Dated this the 27th day of October, 2023
ORDER
1. Petitioner has been running from pillar to post
for receiving the land in exchange of the land
surrendered for the purpose of drawing a canal in Survey
No.114/1 of Karinkunnam Village and this Court vide
judgment dated 08.01.2014 Ext.P7 directed the
respondents to take a call regarding the exchange of
land when the acquisition proceedings are finalized.
When no action was taken for finalization of the
acquisition proceedings, contempt petition was filed
which was also disposed off with the observation that the
grievance of the petitioner would have to be determined
in separate proceedings to be instituted.
2. Learned counsel for the petitioner submitted
that no fresh acquisition proceedings as per the new Act
of 2013 has been initiated for ventilating the grievance of
the petitioner for, the respondents have taken the
WP(C) No.17075/2015 3/4
W.P. (C) No. 17075 of 2015
possession of land long time back and the petitioner is
left high and dry.
3. Let the affidavit of the concerned department
be filed as to why the acquisition proceedings have not
been taken place. In case the affidavit is not filed or the
contents are not satisfying, this Court may be
constrained to take appropriate contempt proceedings
under Article 215 of the Constitution of India.
Post this matter on 03.11.2023.
Sd/-
AMIT RAWAL
JUDGE
VV
27-10-2023 /True Copy/ Assistant Registrar
WP(C) No.17075/2015 4/4
APPENDIX OF WP(C) 17075/2015
EXHIBIT P2 A PHOTOCOPY OF LETTER NO.PG2-1205/04 DATED 06.02.1996.
EXHIBIT P7 A PHOTO COPY OF JUDGEMENT DATED 08.01.2014 IN
W.P.(C)NO.18547/13.
27-10-2023 /True Copy/ Assistant Registrar
