Kerala High Court
Dr. Jacob Thomas vs State Of Kerala on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
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. 20760 OF 2013
PETITIONER:
DR. JACOB THOMAS
KOITHARA HOUSE, PANAMPILLY NAGAR,
ERNAKULAM DISTRICT.
BY ADV SRI.SUBHASH CYRIAC
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE GREATER COCHIN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, KADAVANTHRA,
ERNAKULAM, KOCHI.
3 COCHIN SHIPYARD
REPRESENTED BY ITS MANAGING DIRECTOR,
ATLANTIS, THEVARA, ERNAKULAM.
4 CORPORATION OF COCHIN
REPRESENTED BY ITS SECRETARY, ERNAKULAM-682011
ADDL.R5. THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.
ADDL.R6. THE TAHSILDAR
TALUK OFFICE, KANAYANNUR TALUK OFFICE,
ERNAKULAM 682011.
ADDL.R7. THE TALUK SURVEYOR,
KANAYANNUR TALUK OFFICE, ERNAKULAM 682 011.
ADDL.R8. THE VILLAGE OFFICER
ELAMKULAM VILLAGE, ERNAKULAM DISTRICT-682 011.
ADDL.R5 TO R8 ARE IMPLEADED AS PER ORDER DATED
21.01.2020 IN IA NO.1/2020 IN W.P.(C)20760/2013.
BY ADVS.SRI.M.K.THANKAPPAN, SC, GCDA
SMT.MARIAM MATHAI
SRI.MILLU DANDAPANI,SC,COCHIN CORPORATION
SRI.SAJI VARGHESE
SRI.B.S.SYAMANTAK, 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.20760/2013
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20760 of 2013
----------------------------------------------
Dated this the 04th day of April, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue writ mandamus or other appropriate writ or
order and direct the 2nd respondent to construct
the road through 'A2' property in Ext.P9 Sketch
only after acquiring the same.
ii. Direct the 2nd respondent give present market
value for the extent of property required for the
construction of road extending the Panampilly
Nagar road to the petitioner.
iii. Direct the 2nd respondent to dispose of Ext.P13.
iv. Direct the 2nd respondent not to construct any
boundary wall through the property of the
petitioner without acquiring the same.
v. Such other orders as are in interest of justice.
(SIC)
2. No representation for the petitioner. The counsel
for GCDA submitted that the prayers in this writ petition are
infructuous. Since there is no representation for the petitioner,
this writ petition need not be retained here.
Therefore, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 20760/2013
PETITIONER EXHIBITS
P1: COPY OF THE SKETCH.
P2: COPY OF THE LETTER DATED
10.06.1988 SENT BY THE PETITIONER'S
FATHER.
P3: COPY OF THE LETTER DATED
07.07.1988 SENT BY THE 3RD RESPONDENT
TO THE 2ND RESPONDENT.
P4: COPY OF THE LETTER DATED
10.09.1990 SENT TO THE 3RD RESPONDENT.
P5: COPY OF THE LETTER DATED
02.10.1991 SENT BY THE PETITIONER'S
FATHER TO THE 3RD RESPONDENT.
P6: COPY OF THE LETTER DATED
11.03.1992.
P7: COPY OF THE CMP 28669/93 IN OP
NO.8359/93.
P8: COPY OF THE COUNTER AFFIDAVIT OF
THE 5TH RESPONDENT IN OP NO.8359/93.
P9: COPY OF THE SKETCH PRODUCED IN OP
NO.8359/93.
P10: COPY OF THE JUDGMENT IN OP
NO.8359/93 DATED 11.12.2003.
P11: COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 3RD RESPONDENT.
P12: COPY OF THE REPLY OF THE 3RD
RESPONDENT TO EXT.P11.
P13: COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 2ND RESPONDENT.
