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Kerala High Court
Joseph vs Deputy Collector on 3 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20936 of 2010(N)


1. JOSEPH,  S/O.JOSEPH,
                      ...  Petitioner
2. YOHANNAN, S/O.YOHANAN,
3. C.V.GEORGE, S/O.VARGHESE,
4. M.V.VARGHESE, S/O.VARKEY,
5. SAM P.JOHN, S/O.MOHANAN,

                        Vs



1. DEPUTY COLLECTOR,
                       ...       Respondent

2. SPECIAL TAHSILDAR,

3. THE PROJECT DIRECTOR,

                For Petitioner  :SRI.JOHNSON P.JOHN

                For Respondent  :SRI.THOMAS ANTONY

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :03/08/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.20936/2010-N
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
            Dated this the 3rd day of August, 2010

                      J U D G M E N T

The land and houses of the petitioners have been

acquired by the respondents for widening the National

Highway 47, namely, Thrissur-Palakkad, into 6 lanes.

Exts.P1 to P1(d) are the notices issued by the respondents

requiring the petitioners to surrender the possession of

the land within 60 days from the date of receipt of a copy

of the notice. The amount of compensation have been

determined by the respondents and communications have been

issued by Ext.P2 to P2(d). It is pointed out that since

delay occurred in paying the amount of compensation, the

petitioners could not start the construction of their

houses in the lands purchased by them as on today and

accordingly, they have requested for further time to vacate

the premises by way of Ext.P3 to P3(d) representations. It

is pointed out in the writ petition that the widening of

Thrissur-Palakkad road has not been started and the

acquisition proceedings are under half way. The

petitioners seek for a direction to the respondents to

grant them sufficient time to vacate the premises.

2. The learned Counsel for the respondents opposed

the prayers of the petitioners by pointing out that the

W.P.(C). No.20936/2010
-:2:-

surrender of possession of the property is required

urgently for the purpose of widening of national highway.

It is submitted that the petitioners cannot insist that

further time has to be granted.

3. Evidently, the petitioners have received

compensation for the properties/buildings acquired. In

that view of the matter as a matter of right they are not

entitled to be granted any time to vacate the premises in

these proceedings. Even though the learned counsel for the

petitioners submitted that the widening process is yet to

be started, that is denied by the learned counsel for the

National Highway Authority of India. It is upto the

respondents to seek eviction of the persons whose

properties have been acquired and further formalities have

been completed. Further proceedings with regard to the

widening process will have to be undertaken by them also in

a time bound manner. In that view of the matter, the

prayer to grant further time to vacate the premises cannot

be accepted. The writ petition is dismissed. No costs.

(T.R. Ramachandran Nair, Judge.)

ms


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