IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 18226 of 2009(W) -------------------------- PETITIONER(S): --------------- A.K.HUSAIN, AGED 65 YEARS, S/O.MARAKKAR, AYYAPPANKANDIYIL HOUSE, ADIVARAM PO, PUDUPPADI, KOZHIKODE- 673 586. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT, COLLECTORATE, KOZHIKODE. 3. THE SECRETARY, PUDUPPADI GRAMA PANCHAYAT, KOZHIKODE DIST. 4. THE SECRETARY, KODUVALLY BLOCK PANCHAYAT, KODUVALLY, KOZHIKODE DIST. R1, R2 BY GOVT. PLEADER SRI.V.MANU R3 BY ADV. SRI.K.A.SALIL NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18226/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PATTA DATED 26.8.98 ISSUED BY THE LAD TRIBUNAL. EXT.P2: TRUE COPIES OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT AGAINST THE ACQUISITION OF LAND. EXT.P3: TRUE COPY OF THE ROUGH SKETCH OF THE NEWLY CONSTRUCTED ROAD IN THE PROPERTY OF THE PETITIONER. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.18226 OF 2009 ------------------------------------------- Dated this the 14th day of December, 2009 JUDGMENT The petitioner has approached this Court by stating that respondents 3 and 4, the grama panchayat and the block panchayat, as also the second respondent District Collector are proceeding with the Prime Minister's Grameen Rosgar Yojna. Ultimately, what turns out is that a road is being laid under the Gramin Sadak Yojana, a rural road laying project. The impleading petition as I.A.13430/09 is filed pointing out that the petitioner was earlier before this Court by filing an application for police protection. With the materials on record, all that is required is to ensure that the petitioner is not deprived of his land except by proper relinquishment or acquisition as the case may be. Therefore, without expressing anything on merits but vacating the interim order already granted, it is directed that the second WPC.18226/09 2 respondent District Collector will look into any complaint of the petitioner and do the needful as may be found necessary. Let this be done within one month from the date of receipt of a copy of this judgment and a proper representation from the petitioner. However, unless there is relinquishment in terms of the Kerala Land Relinquishment Act and Rules or acquisition in terms of the Land Acquisition Act, 1894, any buildings or structures belonging to the petitioner shall not be demolished until the District Collector takes a decision as aforesaid. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/12.