IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32819 of 2008(F)
1. ABDUL AZZEEZ P.A., AGED 51 YEARS,
... Petitioner
2. O.R. NARAYANAN NAIR, AGED 54 YEARS,
3. ABDULLA M.K., AGED 49 YEARS,
4. T.K. NAUSHAD, AGED 38 YEARS,
5. K.A. ALIKUNJU, AGED 48 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE MANAGING DIRECTOR, DELHI METRO
4. KALAMASSERY MUNICIPALITY,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :24/11/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No. 32819 OF 2008
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Dated this the 24th day of November , 2008
JUDGMENT
Heard Sri.S.P.Chaly, learned counsel for the petitioner and
Sri.D.Anil Kumar, learned senior Government Pleader. It is submitted
that what has been done so far is only peg marking of the property for
acquisition on the basis of the alignment fixed. Sri.D.Anil Kumar
submitted that the alignment has been finalised by the DMRC and if at
all anybody is able to do anything about the request of the petitioner for
shifting of the proposed railway platform by 35 feet ( where allegedly
the government lands are available on either sides of the proposed
track) it is the DMRC. It is seen that Ext.P7 is pending before the
DMRC.
2. Sri. C.M.Suresh Babu submits that he is not in a position to
take notice on behalf of DMRC. He requests that notice be issued to
DMRC. But since Ext.P7 is apparently pending before the DMRC
and the acquisition proceedings are at the pre-notification stage, I am of
the view that this writ petition can be disposed of issuing the following
directions;
WPC.No.32819/08 2
The third respondent or any other authorised officer of the Delhi
Metro Rail Corporation will consider Ext.P7 in the light of the grounds
raised in this writ petition and take a decision at the earliest and at any
rate within one month of receiving a copy of this judgment. The
petitioner is directed to place a copy of this writ petition along with a
copy of this judgment before the third respondent. If the petitioner is
desirous of personal hearing in the matter, he can make a request in that
regard before the third respondent, in which case, I am sure, the same
will be granted.
PIUS.C.KURIAKOSE
JUDGE
sv.
WPC.No.32819/08 2