IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 36192 of 2007(H) ---------------------------------------- PETITIONER: ----------------- S. SURESH PILLAI, SREEMANI, DIAMOND HILL, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 010. BY ADV. SRI.TOM K.THOMAS RESPONDENTS: ---------------------- 1. THE CHIEF ENGINEER (ROADS & BRIDGES), PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, PUBLIC OFFICE BLDG., MUSEUM ROAD, THIRUVANANTHAPURAM-1. 2. THE ASSISTANT EXECUTIVE ENGINEER, LAND FUND BOARD, PUBLIC OFFICE BLDG.,MUSEUM ROAD, THIRUVANANTHAPURAM-1. 3. THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. 4. THE HIGH LEVEL COMMITTEE CONSTITUTED UNDER CAPITAL REGIONAL DEVELOPMENT PROGRAMME, TRIDA, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI R1 & 2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 36192 OF 2007 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 PHOTOCOPY OF THE ENCUMBRANCE CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER WITH RESPECT TO THE PROPERTY IN SY. NO.473/B-24/42 OF ANCHAMADA VILLAGE. EXHIBIT P2 PHOTOCOPY OF THE JUDGMENT IN W.(C) NO.31010 OF 2006 DATED 24.8.2007. EXHIBIT P3 PHOTOCOPY OF THE NOTICE UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT. EXHIBIT P4 PHOTOCOPY OF THE NOTICE ISSUED ON 21.5.20007. EXHIBIT P5 PHOTOCOPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT ON 1.10.2007. EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION BEFORE THE 4TH RESPONDENT ON 15.10.2007. EXHIBIT P7 PHOTOCOPY OF THE ORDER ISSUED BY THE THIRD RESPONDENT ON 30.11.2007 REJECTING EXHIBIT P6. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.36192 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 14th day of March, 2008 J U D G M E N T -------------------- Petitioner is the owner of 6 cents of land comprised in Sy.No.473/B-24/42 of Anchamada Village, Trivandrum District. A portion of the said property was acquired for widening the Sasthamangalam-Vellayambalam road. Challenging the same petitioner filed W.P(C) No.31010 of 2006. Writ Petition was disposed of with a direction to the Secretary to TRIDA to place the representation, which was marked as Exhibit P2 in that Writ Petition, before the High Level Committee constituted under the Capital Development Regional Programme for taking a decision. The High Level Committee rejected the request of the petitioner as per Exhibit P7 order passed on 30.11.2007. Challenging that order, this Writ Petition is filed. 2. Exhibit P7 shows that petitioner was heard at 3.00 p.m. on 7.11.2007. Three reasons are stated for rejecting the claim of the petitioner. It was stated that for widening the road land is being acquired from either side of the road. But W.P(C) NO. 36192 OF 2007 -: 2 :- more portion was acquired from the property of the petitioner. It was also stated that structures marked in the drawings are reported to be correct on both sides and the land acquisition proceedings have already been completed. I disposed of Writ Petition No.31010 of 2006 on 24.8.2007. On that day there was no submission to the effect that all land acquisition proceedings were completed. Though it is stated that structures marked in the drawings are reported to be correct, when exactly such a report was filed is not discernible from the records. When the High Level Committee considers a matter, it is bound to apply its mind with due notice. The reasonings stated in Exhibit P7 order did not appear to be legal or proper. The High Level Committee ought to have conducted a local inspection with due notice to the Kerala Road Front Board and also the petitioner and took a decision. So Exhibit P7 order passed by the third respondent is unsustainable and the same is liable to be quashed. In the result, Writ Petition is allowed. Exhibit P7 order dated 30.11.2007 passed by the third respondent is hereby quashed. There will be a direction to the third respondent to W.P(C) NO. 36192 OF 2007 -: 3 :- conduct a site inspection with due notice to the Kerala Road Front Board and the petitioner and thereafter take a decision afresh in the matter in accordance with law within three months from the date of receipt of a copy of this judgment. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008