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
