IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 1348 of 2008(I) ------------------------- PETITIONER: ------------ T.G.RADHAKRISHNAN, R.K.HOUSE, NELLAD, ERAVIPEROOR MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.CHERIAN GEE VARGHESE SRI.P.HARIDAS RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 3. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM, 4. THE SPECIAL TAHSILDAR (L.A & N.H) RANNI. ADDL. R5 THIRUVALLA MUNCIPALITY REPRESENTED BY ITS SECRETARY – IMPLEADED SUO MOTU AS 5TH RESPONDENT BY ORDER DATED 21-5-08 IN WPC. 1348/08. BY ADV. SUBHASH CHAND(SC FORTHIRUVALLAMUNCIPALITY FOR ADDL R5 R1 TO R4 BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: EXT.P1 TRUE COPY OF THE REPRESENTATION DTED 31-12-2007 SUBMITTED TO RESPONDENTS 1 & 3. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 1348 OF 2008 ----------------------------------------------- Dated this the 2nd day of June, 2008 J U D G M E N T The grievance which the petitioner has voiced in this writ petition is that if the Government comes to approve the scheme prepared by the Tiruvalla Municipality under the Town Planning Act to have widening of the Tiruvalla – Mallappally Road to 18 metres, the petitioner will have to lose the portions of plot which forms the parking area/front yard of a substantial four storied building already constructed by the petitioner in his property situated at Deepa Junction where the Tiruvalla – Mallappally Road meets the M.C. Road. According to the petitioner he has no objection in land having a width of 4.4 metres acquired from his properties. But acquiring entire additional width required for road widening from his property will result in a situation of the substantial portion of the parking area being lost to the building. Such a situation can be averted by acquiring properties from the northern side of the junction also. The prayer in the writ petition is only that Government and the third respodnent Chief Town Planner be directed to consider Ext.P1 and pass orders after giving hearing opportunity to the petitioner. Stand taken by the third respondent Chief Town Planner through counter affidavit is that WP(C)N0. 1348/08 -2- at the moment there is no proposal to acquire the petitioner's property. However, since it is stated in the counter affidavit that the Municipality has already submitted a scheme which will have to be considered for approval by the first respondent through the third respondent, it is only appropriate that the first respondent considers Ext.P1 and takes a decision after hearing the petitioner as well as the owners of the properties situated on the northern side of the Deepa Junction where the Tiruvalla – Mallappally Road meets the M.C. Road since they will be affected if the request of the petitioner is granted. Having regard to the submissions of Sri.P.Haridas, counsel for the petitioner, Sri.Subash Chandra Bose, standing counsel for the Municipality and Sri.Basanth Balaji, learned Government Pleader the writ petition will stand disposed of with the following directions. 2. First respondent will take up Ext.P1, call for the remarks from the Municipality, additional 5th respondent regarding Ext.P1, issue notice to the petitioner as well as to the persons who own land on the northern side of Deepa Junction where Tiruvalla – Mallappally Road meets the M.C.Road (the persons who will be affected if the petitioner's request in Ext.P1 is granted) here the petitioners, those persons and the Municipality and take a correct decision. The WP(C)N0. 1348/08 -3- implementation of the above directions will be done by the Government at the earliest, at any rate, within three months of receiving copy of the judgment. (PIUS C.KURIAKOSE, JUDGE) ksv/-