High Court Kerala High Court

P.S.Raveendran Pillai vs State Of Kerala & Others on 11 June, 2009

Kerala High Court
P.S.Raveendran Pillai vs State Of Kerala & Others on 11 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16053 of 2009(B)



1. P.S.RAVEENDRAN PILLAI
                      ...  Petitioner

                        Vs

1. STATE OF KERALA & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.ALEXANDER JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :11/06/2009

 O R D E R
                                   V.GIRI, J.

               - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                     W.P. (C) No.16053 OF 2009
               - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                Dated this the 11th day of June, 2009

                              J U D G M E N T

The land belonging to the petitioner’s father was

acquired by the state for MVIP and it seems similarly a portion of

the land belonging to the father of the 6th respondent was also

acquired for the same project. But an extent of property continued

with the father of the 6th respondent. It is the petitioners case that

the 6th respondent encroached into a portion of the property

acquired from the petitioners father and he has now moved the

respondents for getting the property assigned in his name.

Petitioner sought for a survey and de-marcation of the property.

He also moved the District Collector, among others vide Ext.P10

to the following reliefs.

1. If the acquired property is not required for any public
purpose that may be assigned to us. We are ready and
willing to pay the compensation amount received by us
with interest or the present market value of the property
fixed by the Government.

2. If the acquired property is required for public purpose,
effective steps may be taken to preserve the same by
fixing its boundaries after survey measurement through

WPC. No.16053 OF 2009
: 2 :

Survey Department.

3. You may take effective steps to contest the cases
mentioned above and to preserve the acquired land.

This writ petition has been filed seeking appropriate direction

to the respondent to see that the acquired property is to

be assigned back to the legal heirs of the original owner.

Having heard the learned counsel for the petitioner and the

learned Government Pleader, I find that ExtP.10 requires a

consideration by the District Collector. If any person has

encroached into the land originally acquired for MVIP project, the

said encroachment shall be vacated in accordance with law.

Petitioner also shall be given a reply to Ext.P10 indicating the

action taken thereon. This shall be done within two months from

the date of receipt of a copy of this judgment along with the copy

of writ petition.

Writ petition disposed of accordingly.

(V.GIRI, JUDGE)

jma