Kerala High Court
Adam Mohammed vs State Of Kerala on 5 September, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(C) No. 26142/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 26142 OF 2024
PETITIONER:
ADAM MOHAMMED
AGED 21 YEARS, S/O. NAVAS,
JAMEELA MANDIRAM, NEAR MOULAVI JUNCTION VAKKOM,
VAKKOM VILLAGE CHIRAYINKEEZHU TALUK
THIRUVANANTHAPURAM, PIN - 695308
BY ADV R.S.KALKURA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY
PWD ROAD & BRIDGES, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
2 CHIEF ENGINEER PWD (ROADS & BRIDGES)
PMG - PLAMOODU ROAD, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
3 EXECUTIVE ENGINEER
(ROADS & BRIDGES) DIVISION PMG - PLAMOODU ROAD,
PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695033
4 CHIEF EXECUTIVE OFFICER
KERALA ROAD FUND BOARD TC. 4/1654,MAYOORAM NO.7,
BELHAVEN ROAD POST, BELHAVEN GARDENS,
KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003
5 THE SECRETARY
KERALA PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(C) No. 26142/2024
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6 THE SPECIAL TAHSILDAR
LAND ACQUISITION (LA) GENERAL OFFICE OF THE LAND
ACQUISITION AUTHORITY CIVIL STATION,
KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN - 695043
K.M. FIROZ, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 26142/2024
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JUDGMENT
The petitioner's brother preferred Ext.P10 representation before
respondent No.5 challenging the acquisition proceedings. According to
the petitioner, the extent of the property proposed to be acquired by
the respondents comes to 0.0050 Hectares and it includes portion of
the main residential building of his and his brother Aadil Mohammed's
property along with the outhouse. According to the petitioner, the
alternative proposal submitted by him is more viable and economically
feasible. The limited prayer in this writ petition is to give a direction to
the respondent No.5 to consider Ext.P10 representation and to dispose
of the same.
Having heard Sri.R.S.Kalkura, the learned counsel appearing for
the petitioner and Sri.K.M.Firoz, the learned Government Pleader, this
writ petition is disposed of with a direction to the respondent No.5 to
consider and dispose of Ext.P10 representation, in accordance with
law, after hearing the petitioner, within a period of two months from
the date of receipt of a copy of this judgment.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(C) 26142/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF TAX RECEIPT BEARING NO. 0454862
DATED 29.12.2018 ISSUED BY THE VILLAGE OFFICER,
VAKKOM
EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY
THE VAKKOM GRAMA PANCHAYAT BEARING NO. A4836384
DATED 10.2.2021 IN RESPECT OF THE BUILDING
BELONGING TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE GAZETTE NOTIFICATION DATED
7.3.2020 WITH RESPECT TO NOTICE AS CONTEMPLATED
UNDER SECTION 6(1) OF THE KERALA SURVEY AND
BOUNDARIES ACT
EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.
GO (RT.) NO. 2342/2020/RD DATED 1.7.2020
GRANTING SANCTION TO THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM TO ACQUIRE AN EXTENT OF
0.8178 HECTARES EQUIVALENT TO 202 CENTS AT
VAKKOM AND ANCHUTHENGU VILLAGES ISSUED BY THE
1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE SURVEY SKETCH OF THE PROPOSED
ACQUISITION OF THE PROPERTY OF THE PETITIONER
AND HIS BROTHER AADIL MOHAMMED AND THE APPROACH
ROAD PREPARED BY SURVEY AUTHORITIES
EXHIBIT P6 TRUE COPY OF THE PLAN PREPARED BY THE
PETITIONER'S SURVEYOR AND ENGINEER INDICATING
THE EXTENT OF DAMAGE CAUSED TO THE PETITIONER'S
BUILDING AND PROPERTY IN THE EVENT OF
ACQUISITION
EXHIBIT P7 TRUE COPY OF THE ALTERNATE PLAN PREPARED BY THE
PETITIONER AND HIS BROTHER AADIL MOHAMMED WITH
THE HELP OF A SURVEYOR AND AN ENGINEER WITH
REGARD TO THE CONSTRUCTION OF THE PROPOSED ROAD
AND THE NEWLY PROPOSED BRIDGE TO BE CONSTRUCTED
CONNECTING THE EXISTING VAKKAM-NILAKKAMUKKU
ROAD IS PRO
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EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
28.09.2021 SUBMITTED BY THE PETITIONER'S
BROTHER AADIL MOHAMMED BEFORE THE 1ST
RESPONDENT
EXHIBIT P8(a) TRUE COPY OF THE POSTAL RECEIPT INDICATING
ISSUANCE OF EXHIBIT P8 TO THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 30.05.2023 IN
WPC NO. 4072 OF 2022 ON THE FILE OF THIS
HON'BLE COURT
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
15.06.2023 SUBMITTED BY THE BROTHER OF THE
PETITIONER AADIL MOHAMMED BEFORE THE 5TH
RESPONDENT
EXHIBIT P11 TRUE COPY OF THE REPLY DATED 12.10.2023 UNDER
SECRETARY PWD
EXHIBIT P12 TRUE COPY OF THE GAZATTE PUBLICATION DATED
04.12.2023 ISSUED BY THE ACQUIRING AUTHORITY
THE 6TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE APPEAL MEMORANDUM DATED
29.01.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 6TH RESPONDENT
EXHIBIT P14 THE TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT
EVIDENCING RECEIPT OF EXHIBIT P13 BY THE OFFICE
OF THE 6TH RESPONDENT
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 01.06.2024 ISSUED
BY THE 6TH RESPONDENT TO THE PETITIONER AS
CONTEMPLATED UNDER SECTION 21 OF THE RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT
ACT, 2013
EXHIBIT P16 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT TO EXHIBIT
P15 NOTICE
