IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 36276 of 2007(S)
1. T.V.NARAYANAN, T.V.HOUSE, MOHAN ROAD,
... Petitioner
2. K.VENUGOPALAN, K.O.NILAYAM,
3. P.V.ABOOBACKER, NASEEMA MANZIL,
4. W.J.SURENDRAN, SHAMMY NIVAS,
5. P.P.LAZMANAN, MANJA HOUSE,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE EXECUTIVE ENGINEER, PUBLIC
3. THE DISTRICT COLLECTOR, KANNUR.
4. THE SPECIAL TAHSILDAR (LA)
5. C.P.SULAIKHA, K.V.MANZIL, NEAR
For Petitioner :SRI.ANIL SIVARAMAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :07/12/2007
O R D E R
H.L.DATTU, C.J. & K.M.JOSEPH, J.
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W.P.(C) No.36276 of 2007
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Dated, this the 7th day of December, 2007
JUDGMENT
H.L.Dattu, C.J.
Certain public spirited citizens are before this Court for the following
reliefs:
“a) issue a writ in the nature of mandamus, or any other
such appropriate writ, order or direction, commanding the
respondents 3 and 4 to immediately initiate steps necessary
for the acquisition of the entire building bearing Nos: VI/794 –
806, belonging to the 5th respondent and situated in RS
No.127/7 (New No: 127/11), so as to proceed with the
widening of the Pappinissery Pilathara Public Road under the
KST Project, invoking the provisions of the Land Acquisition
Act;
b) to issue any other such writ, order or direction as this
Hon’ble Court may deem fit and necessary to issue in order to
meet the ends of justice in the facts and circumstances of the
instant case; and
c) to award the costs of these petitioners in these
proceedings.”
2. The 5th respondent in this writ petition was the petitioner in W.P.(C)
No.31421 of 2006. In that she had sought for certain declaration. This Court
by its order dated 31st January, 2007 was pleased to allow the writ petition and
was further pleased to observe as under:
“It is declared that either the authorities proceed to
acquire the entire building or forbear from acquiring a part of
the building. It is open to the authorities to exercise their option
for acquiring the entire building, within a period of three months
from the date of this judgment, failing which the proceedings of
acquiring of the part of the building will stand quashed.”
W.P.(C) No.36276/2007
2
3. In the present writ petition filed by the public spirited citizens, they
request us to direct respondents 3 and 4 to acquire the building which belongs
to the 5th respondent.
4. In our view, in the light of the orders passed by this Court in W.P.(C)
No.31421 of 2006 disposed of on 31st January, 2007, the relief sought for by
the petitioners in this writ petition can never be granted by any Court.
Therefore, the writ petition requires to be rejected and it is rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(K.M.JOSEPH)
JUDGE
vns