Pathrose vs State Of Kerala
2024 Latest Caselaw 14442 Ker

Kerala High Court

Pathrose vs State Of Kerala on 31 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                       WP(C) NO. 5353 OF 2024
PETITIONERS:
     1     PATHROSE
           AGED 63 YEARS
           S/O. DEVASSEY, KUMBAKAPPILLY HOUSE, CHERUKUNNAM,
           ASAMANNOOR (P.O), KUNNATHUNAD TALUK, ERNAKULAM
           DISTRICT, PIN - 683549.

    2       RAJENDRAN M.N
            AGED 68 YEARS
            S/O. NARAYANA PILLAI, MANIVELIKUDI HOUSE, CHERUKUNNAM,
            ASAMANNOOR (P.O), KUNNATHUNAD TALUK,
            ERNAKULAM DISTRICT, PIN - 683549.

    3       BALACHANDRAN NAIR
            AGED 67 YEARS
            S/O. PARAMESWARAN NAIR, VADAKKUNNATHU HOUSE,
            CHERUKUNNAM, ASAMANNOOR (P.O), KUNNATHUNAD TALUK,
            ERNAKULAM DISTRICT, PIN - 683549.

    4       JOLLY JOHN
            AGED 60 YEARS
            W/O. SUNNY PAUL, KATTARUKUDIYIL HOUSE, CHERUKUNNAM,
            ASAMANNOOR (P.O), KUNNATHUNAD TALUK,ERNAKULAM DISTRICT,
            PIN - 683549.

    5       BABU KURIAKOSE
            AGED 67 YEARS
            S/O. KURIAKOSE, MEKKAMALIL HOUSE, CHERUKUNNAM,
            ASAMANNOOR (P.O), KUNNATHUNAD TALUK,
            ERNAKULAM DISTRICT, PIN - 683549.

    6       SHAJI SEBASTIAN
            AGED 56 YEARS
            S/O. DEVASSEY, CHITTAYAM HOUSE, CHERUKUNNAM, ASAMANNOOR
            (P.O), KUNNATHUNAD TALUK, ERNAKULAM DISTRICT,
            PIN - 683549.

    7       SREENIVASAN V.M
            AGED 58 YEARS
            S/O. MADHAVAN NAIR, PADICKAPIRATHU HOUSE, CHERUKUNNAM,
            ASAMANNOOR (P.O), KUNNATHUNAD TALUK, ERNAKULAM
            DISTRICT, PIN - 683549.
 WP(C) NO. 5353 OF 2024              2


      8       SYAMALA V.M
              AGED 65 YEARS
              D/O. VAIKATTU MADHAVAN NAIR, PADICKAPIRATHU HOUSE,
              CHERUKUNNAM, ASAMANNOOR (P.O), KUNNATHUNAD TALUK,
              ERNAKULAM DISTRICT, PIN - 683549.

      9       SARASWATHY AMMA
              AGED 80 YEARS
              W/O. NARAYANAN NAIR, VADAKUNNATHU HOUSE, CHERUKUNNAM,
              ASAMANNOOR (P.O), KUNNATHUNAD TALUK, ERNAKULAM
              DISTRICT, PIN - 683549
     10       ALYAMMA RAJAN
              AGED 76 YEARS
              W/O. RAJAN MECKAMALIL HOUSE, CHERUKUNNAM,
              ASAMANNOOR (P.O), KUNNATHUNAD TALUK, ERNAKULAM
              DISTRICT, PIN - 683549.

     11       BABY PETER
              AGED 56 YEARS
              S/O E.P.PATHROSE, EDAPULAVAN, CHERUKUNNAM, ASAMANNCOR
              (P.O), KUNNATHUNAD TALUK, EMAKULAM DISTRICT,
              PIN - 683549.
              BY ADVS.
              SAJI VARGHESE KAKKATTUMATTATHIL
              N.K.KARNIS
              AMALENDU A.


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT,
           SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001.

      2       THE CHIEF EXECUTIVE OFFICER
              KERALA ROAD FUND BOARD, B.S.N.L TOWER P.M.G JUNCTION,
              THIRUVANANTHAPURAM, PIN - 695033.

      3       THE PROJECT DIRECTOR
              KERALA ROAD FUND BOARD, B.S.N.L TOWER P.M.G JUNCTION,
              THIRUVANANTHAPURAM, PIN - 695033.

      4       THE DISTRICT COLLECTOR
              COLLECTORATE KAKKANAD, ERNAKULAM, PIN - 682021.
              SRI.K.V MANOJ KUMAR, SC
              SMT.DEEPA NARAYANAN, GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5353 OF 2024                    3


                                   JUDGMENT

The petitioners have approached this Court seeking a direction to the

4th respondent not to acquire the land of the petitioners without considering

Ext.P6 objection.

2. The learned Standing Counsel appearing for respondents 2 and 3

submits that the objection now raised is premature inasmuch as 4(ii)

notification has not been published.

3. The learned counsel appearing for the petitioners submits that

they have a grievance regarding alignment and have preferred Ext.P7

request in this regard before the 3rd respondent.

After hearing both sides, this writ petition is disposed of with a

direction to the 3rd respondent to take up Ext.P7 and to pass appropriate

orders thereon in accordance with law after affording an opportunity of

being heard to the 1st petitioner alone as agreed by the learned counsel

appearing for the petitioners that the 1 st petitioner will represent all other

petitioners in the hearing. A decision shall be taken within an outer limit of

four weeks.

Sd/-

VIJU ABRAHAM JUDGE Sru

APPENDIX OF WP(C) 5353/2024

PETITIONERS EXHIBITS Exhibit P1 ROUGH SKETCH SHOWING THE LIE AND NATURE OF THE EXISTING ROAD AND THE PROPERTY AND THE BUILDING OF THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 14.12.2022 BY THE CHERUKUNMAM RESIDENTS' ASSOCIATION.

Exhibit P3 TRUE COPY OF THE RESOLUTION OF THE GRAMA SABHA DATED 02.02.2023.

Exhibit P4 A TRUE COPY OF THE NOTIFICATION DATED 27.05.2023 ISSUED BY THE GOVERNMENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 07.12.2023 IN W.P.(C).NO.22596/2023.

Exhibit P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 19.02.2024 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT.