Halid vs State Of Kerala
2024 Latest Caselaw 9627 Ker

Kerala High Court

Halid vs State Of Kerala on 4 April, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 12389 OF 2015            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                          WP(C) NO. 12389 OF 2015
PETITIONER/S:

               HALID
               AGED 53 YEARS
               S/O. MAIDEEN KANNU, BISMI PLAZA, BALARAMAPURAM,
               THIRUVANANTHAPURAM-695501.

               BY ADVS.
               SRI.G.P.SHINOD
               SHRI.AJIT G ANJARLEKAR
               SRI.GOVIND PADMANAABHAN
               SRI.MANU V.
               SRI.RAM MOHAN.G.



RESPONDENT/S:

      1       STATE OF KERALA
              REPRESENTD BY SECRETARY, REVENUE DEPARTMENT,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2       HIGH LEVEL COMMITTEE LA
              REPRESENTED BY ITS CHAIRMAN, THE CHIEF SECRETARY,
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

      3       THE CHIEF ENGINEER
              NATIONAL HIGHWAYS, OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.

      4       THE DISTRICT COLLECTOR
 WP(C) NO. 12389 OF 2015                 2


              THIRUVANANTHAPURAM-695005.

               BY ADV GOVERNMENT PLEADER



OTHER PRESENT:

               SRI.RIYAL DEVASSY, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.04.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12389 OF 2015               3




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                    W.P.(C.) No. 12389 of 2015
                   --------------------------------------
             Dated this the 4th day of April, 2024


                                JUDGMENT

This writ petition is filed with the following prayers:-

"I. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P5 and quash the same;

II. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to realign the alignment of the Karamana-Kaliyikkavila road at Balaramapuram Junction in such a manner that the same does not result in the demolition of the petitioner's building complex bearing Nos. BPIII/1621 to 1632 situated in the petitioner's property comprised in Re- Survey Nos. 184/6-4, 184/7-2, 184/6-6, 184/6-5, 184/6-8 in Block No. 13 of Athiyannoor Village;

III. Grant such other and further reliefs which are just and reasonable under the nature and circumstances of the case." [SIC]

2. The main prayer in this writ petition is to quash

Ext.P5 and to issue a direction to respondents to realign the

alignment of the Karamana-Kaliyikkavila road at

Balaramapuram Junction in such a manner that the same does

not result in the demolition of the petitioner's building situated

in Re-Survey Nos. 184/6-4, 184/7-2, 184/6-6, 184/6-5,

184/6-8 in Block No. 13 of Athiyannoor Village

3. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

acquisition is not completed and now, the road is a State

Highway. The alignment is also not completed. If that is the

case, the petitioner can submit a representation before the

competent authority among the respondents and if such a

representation is received, the competent authority among the

respondents will consider the same and pass appropriate

orders.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to submit a representation narrating

the grievance raised in this writ petition before the

competent authority among the respondents within 30

days from the date of receipt of a certified copy of this

judgment.

2) Once such a representation is received, the competent

authority among the respondents will consider the same

and pass appropriate orders after giving an opportunity of

hearing to the petitioner, as expeditiously as possible, at

any rate, within four months from the date of receipt of

the representation.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

competent authority for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng/SKS

APPENDIX OF WP(C) 12389/2015

PETITIONER EXHIBITS

EXT.P1. A TRUE COPY OF THE BASIC TAX RECEIPT PERTINING TO THE SAID PROPERTY DATED 14-10-2008.

EXT.P2. A TRUE COPY OF THE PROPSED ALIGNMENT DRAWING OG KARAMANA-KALIYAKKAVILA ROAD AT BALARAMAPURAM JUNCTION.

EXT.P3. A TRUE COPY OF THE REPRESENTATION DATED 24-11-2012 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF THE HIGH LEVEL COMMITTEE.

EXT.P4. A TRUE COPY OF THE JUDGMENT DATED 5-2-2013 IN W.P.(C) NO. 1570 OF 2013 PASSED BY THIS HONOURABLE COURT.

EXT.P5. A TRUE COPY OF THE G.O.(RT) NO. 6752/13/RD DATED 24-12-2013 ISSUED BY THE FIRST RESPONDENT.