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High Court of KeralaWP(C)/9055/2015disposed of

Sethukumar v. State Of Kerala

2015-03-23Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 9055 of 2015 (F) --------------------------- PETITIONER(S):

----------------- SETHUKUMAR, AGED 56 YEARS S/O.NARAYANAN ELAYATH, VAZHUTHANAPPILLIL ILLOM, MARADI VILLAGE, MUVATTUPUZHA TALUK.

BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S):

------------------- 1.

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIATE, TRIVANDRUM - 695 001.

2.

CHIEF ENGINEER (ROADS AND BRIDGES ADMINISTRATION) TRIVANDRUM - 695 001.

3.

THE SPECIAL TAHSILDAR (LA), MVIP PROJECT, KOOTHATTIKULAM - 686 662.

4.

CHETTOOR GEORGE, CHETTOOR HOUSE, MARADI VILLAGE, MUVATTUPUZHA TALUK - 686 682.

R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) NO.9055/2015 PETITIONER'S EXTS:

EXT.P1 TRUE COPY OF ACQUISITION NOTICE DATED 24/9/14 ISSUED BY THE THIRD RESPONDENT.

EXT.P2 TRUE COPY OF ACQUISITION NOTICES DATED 24/9/14 ISSUED BY THE THSIRD RESPONDENT.

EXT.P3 REPRESENTATION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXT.P4 ROUGH SKETCH SHOWING THE PROPERTY OF THE PETITIONER AND THE PROPOSED ENCROACHMENT.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.9055 of 2015 --------------------- Dated this the 23rd day of March, 2015

J U D G M E N T

The petitioner objects to the alignment of a public road. It is alleged that the alignment is changed to help the fourth respondent. This in turn prejudicially affects the property of the petitioner.

2. The petitioner has in this regard submitted Ext.P3 representation. The same is pending consideration with the second respondent.

3. I direct the second respondent to consider Ext.P3 representation within two months. The same shall be done with notice to the petitioner as well as the fourth respondent. Needless to say that the compensation needs to be determined in accordance with law.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.