High Court of KeralaWP(C)/20132/2015disposed of

Jayan .K.H v. State Of Kerala

2015-07-033 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 20132 of 2015 (N) ---------------------------- PETITIONER:

------------------ JAYAN K.H., THRIVENI, EAST KARIYAM, PUNNAVILAKAM, POWDIKONAM.

BY ADV. SRI.T.RAJESH RESPONDENT:

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

STATE OF KERALA REPRESENTED REVENUE SECRETARY GOVERNMENT SECRETARIAT TRIVANDRUM 695 001.

SPECIAL TAHSILDAR (LAND ACQUISITION) NATIONAL HIGHWAY, PMG JUNCTION THIRUVANANTHAPURAM 695 011.

ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB DIVISION THIRUVANANTHAPURAM 95 003.

BY SENIOR GOVERNMENT PLEADER SRI. THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 20132/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE NOTICE INVITING TENDERS FOR DEMOLITION OF STRUCTURES IN THAT AREA DATED 05.03.2015.

EXHIBIT P2 :

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT CALLING UPON THE PETITIONER TO COLLECT THE COMPENSATION DUE AS PER REHABILITATION SCHEME DATED 10.03.2015.

EXHIBIT P3 :

TRUE COPY OF THE REPRESENTATION DATED 18.03.2015 ISSUED TO THE 2ND AND 3RD RESPONDENTS.

EXHIBIT P4 :

THE TRUE COPY OF THE JUDGMENT IN WP(C) NO. 9279 OF 2015 DATED 20.05.2015.

EXHIBIT P5 :

THE TRUE COPY OF THE NOTICE DATED 25.06.2015 SERVED ON PETITIONER ON 02.07.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20132 OF 2015 ------------------------------------ Dated this the 3rd day of July, 2015

JUDGMENT

Ext.P5 notice requires the petitioner to vacate the premises on 04.07.2015 and receive the compensation as per the rehabilitation package on 06.07.2015. The land acquisition award has long ago become final and it will be inequitable to delay the proceedings for widening the road.

I however grant time to the petitioner till 10.07.2015 to surrender the premises and receive the compensation amount thereafter. This is subject to the condition that the petitioner files an affidavit before the second respondent undertaking to vacate the premises as directed on or before 04.07.2015. No further directions are warranted and the writ petition is disposed of.

V. CHITAMBARESH JUDGE ncd