IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5417 of 2010(B)
1. JANAKEEYA PRATHIRODHA SAMITHI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. STATE OF KERALA,
3. THE DISTRICT COLLECTOR,
4. THE TAHSILDAR (LA), KOTTAYAM.
5. THE ASSISTANT EXECUTIVE ENGINEER,
For Petitioner :SRI.ANIL THOMAS(T)
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :20/05/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.5417 of 2010
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Dated this the 20th day of May, 2010
JUDGMENT
This writ petition is filed by the petitioner aggrieved by the
proposal for the widening of Kottayam-Kumarakom Road. It is
submitted that without initiating any valid proceedings under the
Land Acquisition Act respondents are taking steps for forcible
acquisition violating all the principles of law.
2. The learned Government Pleader on instructions
submitted that no proceedings have been initiated so far under
the Land Acquisition Act and no notification has been issued. In
the light of the above it is clear that proceedings are yet to be
initiated. In that view of the matter there is no basis for the
apprehension of the petitioner. Only under due process of law
properties can be acquired. It is open to the petitioner to
challenge the Land Acquisition Proceedings after the Land
Acquisition notification is issued, if they are aggrieved by the said
notification.
The writ petition is accordingly disposed of. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE
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