IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26671 of 2009(D)
1. K.R.JAYAPRAKASH, PADMA SREE,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. THE EXECUTIVE ENGINEER,
3. THE DISTRICT COLLECTOR, KOTTAYAM.
4. THE DISTRICT SURVEY SUPERINTENDENT,
5. SMT.BABY CHANDA PILLAI,
For Petitioner :SMT.VANAJA MADHAVAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/10/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.26671 OF 2009
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Dated this the 19th day of October, 2009
JUDGMENT
The petitioner submits that an extent of 10.50 cents was
acquired from him for the purpose of Changanacherry Bye Pass
and an award was passed on 10.10.2007. He says that on
10.9.2009, the survey has been shifted and survey stone laid in
such a manner depriving him of a further extent of 2 cents. The
petitioner seeks redressal of this grievance in writ jurisdiction.
While the petitioner points out also that he has filed Ext.P3
before the Survey Superintendent, I am clear in my mind that
the adjudication of the grievance in question has necessarily to
be through the competent authority under the Land Acquisition
Act, including the civil court on a proper reference, if needed.
Therefore, it is ordered that if Ext.P3 is received and pending,
the 4th respondent will issue an order thereon, after causing
appropriate site inspection and after calling for the relevant file,
so that, if there is any dispute regarding the extent under
WPC.26671/09
Page numbers
acquisition, that could also be raised in the reference pending
before the reference court. This writ petition is ordered
accordingly, without entering on merits. Let such order in terms
of this judgment be issued by the 4th respondent within one
month from the date of receipt of a copy of this judgment.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.20/10.