IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 8685 of 2010(I) ------------------------- PETITIONER(S): ---------------------- ABDU RAHIMAN, KINARULLA PARAMBATH, (H) KODIYOORA, VANIMEL PANCHAYATH, KALLACHI, KOZHIKODE DISTRICT. BY AD V. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARY, THIRUVANANTHAPURAM. 2. ASSISTANT EXECUTIVE ENGINEER, P.W.D (ROAD SUB DIVISION) P.O. VADAKARA, KOZHIKODE DISTRICT. 3. SECRETARY, VANIMEL GRAMA PANCHAYATH, P.O. VANIMEL, KALLACHI, KOZHIKODE DISTRICT. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.8685 OF 2010 (I) -------------------------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T Petitioner claims to be the owner of property having an extent of 60 cents. According to the petitioner, without initiating any proceedings under the Land Acquisition Act, the respondents are attempting to take over possession of a portion of the property. It is also his case that he has not surrendered any portion of the property and that in the absence of any acquisition proceedings. It is not open to the respondents to take over any portion of the property covered by Ext.P1 judgment of the District Court in A.S. No.105/1992. Government Pleader confirms that no proceedings are initiated for acquisition. In such circumstances, I dispose of this writ petition directing that, if there is no surrender of any of the property covered by Ext.P1, without initiating any proceedings under the Land Acquisition Act, the property of the petitioner shall not be taken over. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :