IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 10728 of 2006(B) -------------------------- PETITIONER: ------------ O.JOSE JACOB, AGED 55 YEARS, S/O.CHACKO, OOROTH HOUSE, MAROTTICHODU, EDAPPALLY. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: ------------- 1. THE SUPERINTENDING ENGINEER (R&B), PUBLIC WORKS DEPARTMENT, NEAR SUB JAIL, ALUVA. 2. ERNAKULAM DISTRICT PANCHAYAT, KAKKANAD REPRESENTED BY ITS SECRETARY. 3. C.K.MANOJ,, PWD CONTRACTOR, CHITTADICHALIL HOUSE, VELLATHOOVAL P.O., IDUKKI DISTRICT. BY ADV. SRI.C.M.SURESH BABU FOR R2 GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.10728 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 JUDGMENT The apprehension which is voiced by the petitioner is that the respondents are going to take forcible possession of 20 cents of property belonging to him without recourse to the provisions of the land Acquisition Act. It was submitted by the Government Pleader before this court on 07/04/2006 that the road in question is being constructed on receiving free surrender of properties by the people in the locality. If the petitioner is not prepared to give free surrender of his property, the petitioner need not have any apprehension of his property being acquired forcibly. If at all it is being acquired it will be under the provisions of the Land Acquisition Act. In view of the above stand taken by the Government, this writ petition is disposed of recording the stand taken by the Government as mentioned above. PIUS.C.KURIAKOSE JUDGE sv.