High Court Kerala High Court

C.P.Kunhikoyamu Haji vs The State Of Kerala on 3 June, 2008

Kerala High Court
C.P.Kunhikoyamu Haji vs The State Of Kerala on 3 June, 2008
       

  

  

 
 
  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.
                - - - - - - - - - - - - - - - - - - - - - - - - -
                         W.P.(C) No.8112 of 2004
                 - - - - - - - - - - - - - - - - - - - - - - - - -
                            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