High Court Kerala High Court

M/S Moopan Motors Pvt. Ltd vs State Of Kerala on 27 June, 2008

Kerala High Court
M/S Moopan Motors Pvt. Ltd vs State Of Kerala on 27 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 593 of 2008(U)


1. M/S MOOPAN MOTORS PVT. LTD.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE LAND ACQUISITION OFFICER,

                For Petitioner  :SRI.SAIGI JACOB PALATTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :27/06/2008

 O R D E R
                        PIUS C. KURIAKOSE, J.
                    ----------------------------------
                      W.P.(C) NO. 593 of 2008
                    ----------------------------------
               Dated this the 27th day of June , 2008

                               JUDGMENT

In this writ petition, the petitioner challenges Exts.P1 and

P2 notices given to him regarding the assumption of advance

possession of certain properties belonging to him, which are to be

acquired for the purpose of construction of a bus bay. According to

the petitioner, the local authority- the Nattakom Panchayat has

already passed Ext.P3 resolution finding that construction of the bus

bay at the site now proposed will make the area accident prone and

deciding to request the Government to shift the bus bay to another

spot. By Ext.P4 covering letter Ext.P3 resolution has been forwarded

to the Government. According to the petitioner, the Government is

likely to take a decision accepting Ext.P3 and, therefore, they should

not be dispossessed till such time as the Government takes decision.

2. On considering this writ petition for admission, this court on

4.1.2008 passed an order staying dispossession of the petitioner from

their property. That order has been continuing since then. No counter

affidavit has been filed. Apparently Ext.P3 resolution of the Panchayat

and Ext.P4 request are pending with the Government. I dispose of this

WPC No.593/2008 2

writ petition issuing the following directions;

i). The first respondent will take an early decision upon Exts.P3

and P4 forwarded to the Government by the Nattakom Panchayat.

Decision as directed above will be taken at the earliest and at any rate

within two months of receiving a copy of this judgment. The petitioner

is permitted to place a copy of this writ petition also along with the

copy of this judgment before the Government so that the grounds

raised herein also can be appreciated. Once the decision is taken, the

petitioner should be informed of the same.

ii). Considering the above direction, there will be a further

direction that the order of stay presently in force will continue for a

period of three more months.

PIUS C. KURIAKOSE
JUDGE
dpk