IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8112 of 2004(N)
1. C.P.KUNHIKOYAMU HAJI,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE ROADS & BRIDGES DEVELOPMENT
3. C.P.MOIDEEN HAJI,
For Petitioner :SRI.M.K.DAMODARAN (SR.)
For Respondent :SRI.K.M.SATHYANATHA MENON
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :03/06/2008
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.8112 of 2004
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Dated: 3rd June, 2008
JUDGMENT
I disposed of the Writ Petition by the judgment dated 26.5.2004
noticing the stand taken by the requisitioning authority that Ext.P3 is
the approved plan and that necessary instructions have been given to
the Land Acquisition Officer to have acquisition in terms of Ext.P3
itself. I noticed that the above stand grants to the petitioner the main
relief sought for in the Writ Petition, i.e., a direction to respondents 1
and 2 to stick on to the final alignment fixed as per Ext.P3. Later the
third respondent filed an application for review and the judgment was
recalled. The third respondent has filed a detailed counter affidavit
raising various grounds of objection against Ext.P3. I am of the view
that the third respondent cannot aspire for positive reliefs in this Writ
Petition. If the third respondent is aggrieved by Ext.P3, it is for him to
initiate fresh proceedings if so advised in that regard. Reiterating the
stand taken in my judgment dated 26.5.2004, I dispose of this Writ
Petition holding that it is not necessary to issue any direction.
srd PIUS C.KURIAKOSE, JUDGE