IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 30341 of 2007(K)
1. PRAKASH.G., PROPRIETOR, HOTEL ARYAS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SPECIAL TAHSILDAR(LA)
4. THE TRIVANDRUM DEVELOPMENT AUTHORITY
5. K.PARAMESWARAN NAIR,
For Petitioner :SRI.R.NARENDRAN NAIR
For Respondent :SRI.K.A.JALEEL, SC., TRIDA
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :08/01/2008
O R D E R
K.PADMANABHAN NAIR,J
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W.P. (C) Nos.30341 & 34236 of 2007
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Dated this the 8th day of January, 2008
JUDGMENT
These two writ petitions are filed by the tenants, who are
doing business in a shop room, situated in the land, which is on
the side of the Vellayambalam- Sasthamangalam road in
Thiruvananthapuram. The owner of the land surrendered the
side portion of the land free of cost to the Government for
widening the road, with a prayer that an old dilapidated building
situated in the property also may be demolished. The tenants of
the building are challenging the action of the Government to
demolish the entire structure.
2. The Government Pleader on instructions submits that
this property along with some other property is owned by three
persons and the petitioner surrendered property free of cost and
in respect of the property owned by two others the Land
Acquisition Officer initiated proceedings and passed an award on
6.10.2007. The purpose is for widening of a road. Whether it is
a free surrender or acquisition under Land Acquisition Act the
W.P.(C).Nos.30341& 34326/2007
2
tenants of a building has no locus standi to challenge the
surrender. Hence, the writ petitions are not maintainable.
In the result these writ petitions are dismissed.
K.PADMANABHAN NAIR, JUDGE
dvs