IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 13100 of 2007(H) -------------------------- PETITIONER: ------------ JACOB GEORGE JOSEPH (CAPTAIN J.G.JOSEPH) TC 27/807, RAMAKRISHNA RADDIAR ROAD, NEAR NEW THEATRE, THAMPANOOR, THIRUVANANTHAPURAM - 695 014. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.G.S.MOHANDAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DISTRICT COLLECTOR, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035. 3. LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (ADDITIONAL LA UNIT), VANCHIYOOR, THIRUVANANTHAPURAM - 695 035. 4. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY (TRIDA) REPRESENTED BY SECRETARY, TRIDA, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 010. 5. SHRI.P.M.JACOB, BRIGHT TOURIST HOME, OPPOSITE TO DEVASWOM BUILDING, M.G.ROAD, THIRUVANANTHAPURAM - 695 001. (PERUMACHERIL HOUSE, CHINGAVANAM, KOTTAYAM) BY ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R4 GOVT. PLEADER SRI.SHYSON.P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.13100 OF 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE ORDER IN C.R.P.NO.1955/1997 - D DATED 17-2-2004. EXT.P2 TRUE COPY OF THE ORDER DATED 1-5-2006 IN SL.Ps.(C)No(s) 12328-12329/2004 EXT.P3 TRUE COPY OF JUDGMENT DATED 3-4-07 IN W.P.C.NO.13786 OF 2006 (N) /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.13100 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2008 JUDGMENT Service is completed. This writ petition is filed by an aggrieved landlord who expressed a desire that the entire building presently occupied by the fifth respondent-tenant be acquired invoking Section 49(1) of the Land Acquisition Act. His grievance is that though he expressed his desire, the land acquisition authority was not prepared to give effect to his desire on various reasons. The legality of that decision is the subject matter of another writ petition. The present writ petition has been filed by the petitioner seeking redressal of his grievance that with the connivance of the land acquisition authority and the local authority, the 5th respondent-tenant is making arrangements to make additional constructions and modifications and to renovate the building. 2. Even though the 5th respondent has been served with notice, he has not entered appearance before this court. I do not know how the 5th respondent, who is only a tenant, can renovate or make W.P.(C)No.13100/07 2 additional constructions on the building belonging to the petitioner unless it be on the strength of orders passed in that regard passed by the accommodation controller in a proceeding to which the petitioner is a party or on the strength of orders passed by a competent civil court in suits to which the petitioner is a party. The averments in the writ petition stand established by non-traverse. I find that there is justification for granting relief No.1. Accordingly, allowing the writ petition I restrain the 5th respondent from carrying out any constructions or additions or renovations in or upon building having door No.25/2525 ( part of which was already demolished for the purpose of acquisition by respondent No.4). I also direct the 4th respondent to ensure that the 5th respondent obeys the above direction, if necessary, by taking up the matter with Thiruvananthapuram City Corporation. PIUS.C.KURIAKOSE JUDGE sv. W.P.(C)No.13100/07 2