IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29223 of 2009(W)
1. THE SAMASTHA KERALA SUNNI YUVAJANA
... Petitioner
Vs
1. UNION OF INDIA,
... Respondent
2. THE SPECIAL TAHSILDAR,
3. THE TAHSILDAR & EXECUTIVE MAGISTRATE,
For Petitioner :SRI.M.K.DAMODARAN (SR.)
For Respondent :SRI.THOMAS ANTONY
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :10/12/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.29223 of 2009-W
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Dated this the 10th day of December, 2009.
JUDGMENT
1.The petitioner challenges a land acquisition
proceedings. Award has been passed and amount has
been deposited.
2.The petitioner states that the petitioner has a
building at Athani Junction and that it is a Juma
Masjid. No objection to the notification was
taken earlier. The acquisition proceedings have
become final. Award has been passed. The courts
will not, therefore, interfere with the
acquisition.
3.The aforesaid position notwithstanding, looking
at the materials placed on record, including the
counter affidavit of the fourth respondent sworn
to by the Manager(Technical) and Project Director
WPC29223/09 -: 2 :-
of National Highway Authority of India along with
Ext.R4(b) sketch, it can be seen that the parcel
in question is well within the alignment for the
development of the junction, including the road.
Land is being acquired from both sides. Even if
there is no acquisition from both sides of the
road, the alignment was fixed by competent
authorities and there is no reason for the court
to interfere with the fixation of alignment which
is essentially a technical matter.
For the aforesaid reasons, this writ petition
fails. The same is accordingly dismissed.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/1612