IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 593 of 2008(U)
1. M/S MOOPAN MOTORS PVT. LTD.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE LAND ACQUISITION OFFICER,
For Petitioner :SRI.SAIGI JACOB PALATTY
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :27/06/2008
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 593 of 2008
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Dated this the 27th day of June , 2008
JUDGMENT
In this writ petition, the petitioner challenges Exts.P1 and
P2 notices given to him regarding the assumption of advance
possession of certain properties belonging to him, which are to be
acquired for the purpose of construction of a bus bay. According to
the petitioner, the local authority- the Nattakom Panchayat has
already passed Ext.P3 resolution finding that construction of the bus
bay at the site now proposed will make the area accident prone and
deciding to request the Government to shift the bus bay to another
spot. By Ext.P4 covering letter Ext.P3 resolution has been forwarded
to the Government. According to the petitioner, the Government is
likely to take a decision accepting Ext.P3 and, therefore, they should
not be dispossessed till such time as the Government takes decision.
2. On considering this writ petition for admission, this court on
4.1.2008 passed an order staying dispossession of the petitioner from
their property. That order has been continuing since then. No counter
affidavit has been filed. Apparently Ext.P3 resolution of the Panchayat
and Ext.P4 request are pending with the Government. I dispose of this
WPC No.593/2008 2
writ petition issuing the following directions;
i). The first respondent will take an early decision upon Exts.P3
and P4 forwarded to the Government by the Nattakom Panchayat.
Decision as directed above will be taken at the earliest and at any rate
within two months of receiving a copy of this judgment. The petitioner
is permitted to place a copy of this writ petition also along with the
copy of this judgment before the Government so that the grounds
raised herein also can be appreciated. Once the decision is taken, the
petitioner should be informed of the same.
ii). Considering the above direction, there will be a further
direction that the order of stay presently in force will continue for a
period of three more months.
PIUS C. KURIAKOSE
JUDGE
dpk