IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 22339 of 2007(H) -------------------------- PETITIONER: ------------ P.P.MUHAMMED KUNHI, S/O.CHERIYA MAMMAD, P.P.COTTAGE, PALLICHAL, P.O.CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- 1. THE SPECIAL TAHSILDAR, L.A.(NH), KANNUR. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE EXECUTIVE ENGINEER, K.S..T.P. DIVISION, KANNUR. BY GOVERNMENT PLEADER SRI.BENNY VARGHESE FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.22339 of 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT. EXT.P2 A TRUE COPY OF THE REQUEST IN WRITING SUBMITTED BEFORE RESPONDENTS 1 AND 2 DATED 30-12-2006 EXT.P2(A) A TRUE COPY OF THE POSTAL RECEIPT FOR SENDING EXT.P2 EXT.P3 A TRUE COPY OF THE PETITION SUBMITTED BEFORE THE THIRD RESPONDENT. /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.22339 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2008 JUDGMENT The grievance of the petitioner is that Exts.P2 application submitted by the petitioner expressing his desire to have the entire building belonging to him acquired for the purpose of widening the Pilathara-Pappinissery road is not being favourably considered by the second respondent District Collector. I do not propose to go into the merits of the matter. I dispose of the writ petition directing the second respondent to consider Ext.P2 in the light of various grounds raised in the writ petition, hear the petitioner and take a correct decision. While taking decision, the District Collector should have due regard to the provisions of Section 49(1) and will address the question whether the portion presently proposed to be acquired forms part of the building and also whether the acquisition of even that portion can be avoided on considerations of financial viability. Hearing shall be conducted and decision will be taken by the District Collector at the earliest and at any rate within two W.P.C. No. 22339/07 2 months of receiving copy of this judgment. The order of stay presently issued by this court will continue till such time as decision is taken and communicated to the petitioner. PIUS.C.KURIAKOSE JUDGE sv. W.P.C. No. 22339/07 2