IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16053 of 2009(B)
1. P.S.RAVEENDRAN PILLAI
... Petitioner
Vs
1. STATE OF KERALA & OTHERS
... Respondent
For Petitioner :SRI.ALEXANDER JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :11/06/2009
O R D E R
V.GIRI, J.
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W.P. (C) No.16053 OF 2009
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Dated this the 11th day of June, 2009
J U D G M E N T
The land belonging to the petitioner’s father was
acquired by the state for MVIP and it seems similarly a portion of
the land belonging to the father of the 6th respondent was also
acquired for the same project. But an extent of property continued
with the father of the 6th respondent. It is the petitioners case that
the 6th respondent encroached into a portion of the property
acquired from the petitioners father and he has now moved the
respondents for getting the property assigned in his name.
Petitioner sought for a survey and de-marcation of the property.
He also moved the District Collector, among others vide Ext.P10
to the following reliefs.
1. If the acquired property is not required for any public
purpose that may be assigned to us. We are ready and
willing to pay the compensation amount received by us
with interest or the present market value of the property
fixed by the Government.
2. If the acquired property is required for public purpose,
effective steps may be taken to preserve the same by
fixing its boundaries after survey measurement through
WPC. No.16053 OF 2009
: 2 :
Survey Department.
3. You may take effective steps to contest the cases
mentioned above and to preserve the acquired land.
This writ petition has been filed seeking appropriate direction
to the respondent to see that the acquired property is to
be assigned back to the legal heirs of the original owner.
Having heard the learned counsel for the petitioner and the
learned Government Pleader, I find that ExtP.10 requires a
consideration by the District Collector. If any person has
encroached into the land originally acquired for MVIP project, the
said encroachment shall be vacated in accordance with law.
Petitioner also shall be given a reply to Ext.P10 indicating the
action taken thereon. This shall be done within two months from
the date of receipt of a copy of this judgment along with the copy
of writ petition.
Writ petition disposed of accordingly.
(V.GIRI, JUDGE)
jma