IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 14063 of 2009(C) ----------------------------------------- PETITIONER(S): ----------------------- 1. THAJUNEESA, W/O. LATE MOHAMMED HUSSAIN, AGED 60 YEARS, RESIDING OPPOSITE ANSAR LODGE, NEAR- RAILWAY STATION, OLD CALICUT ROAD, OLAVAKKODE, PALAKKAD. 2. YAKKUB, S/O. LATE MOHAMMED HUSSAIN, AGED 42 YEARS, RESIDING OPPOSITE ANSAR LODGE, NEAR- RAILWAY STATION, OLD CALICUT ROAD, OLAVAKKOD, PALAKKAD. BY ADVS. MR.K.P.RAMACHANDRAN MR.T.NIKLAVU RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE JOINT SECRETAR, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY DISTRICT COLLECTOR, PALAKKAD. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION-GENERAL-NO.I, PALAKKAD. 4. SOUTHERN RAILWAY, REP.BY ITS GENERAL MANAGER, RAILWAY DIVISIONAL OFFICE, OLAVAKKODE , PALGHAT. 5. UNION OF INDIA, REP.BY PRINCIPAL SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. R1 TO R3 BY GOVT. PLEADER MR.V.MANU BY MR.N.B.SUNIL NATH,SC, RAILWAYS FOR R4 MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 14063 OF 2009 ............................................ DATED THIS THE 12TH DAY OF AUGUST, 2009 JUDGMENT The first petitioner, a widow and the second petitioner, her son, have essentially placed before this court, the pitiable condition in which a 12-member family headed by the first petitioner would be placed, if displaced, by an acquisition for an approach road to the Palakkad Junction Railway Station. The second petitioner is stated to be carrying a brain tumor. Many of the members of the 12-member family are females, including a widowed daughter of the first petitioner. Having perused the entire materials on record, except Ext.P20 CD, which I do not need to look into for the purpose of this writ petition, the following facts emerge. 2. There is a motorable road in front of two small buildings, where the petitioners run a tea shop and reside. That road runs parallel to the Palakkad Junction Railway Station. New National Highway alignment comes somewhere on the rear side of the petitioners' buildings. From that National Highway, the shortest Wpc 14063/2009 2 alignment possible for an approach road to the Palakkad Junction Railway Station is, undisputedly, the alignment which is now finalised. That acquisition would take off the residence and shop of the petitioners. Those two buildings have necessarily to be pulled down for the public purpose sought to be achieved by the acquisition. It is stated that about 11 cents of land of the petitioners would fall for acquisition and that about Rs.8,00,000/- is fixed as compensation. The acquisition cannot be faulted. The situation, though projected by the learned counsel for the petitioner as one that may tantamount to the first petitioner and her family, being deprived of their livelihood, the acquisition cannot be interfered with, having regard to the public purpose that is sought to be achieved. 3. Be that as it may, taking also into consideration that if the petitioners are aggrieved by the compensation fixed, they would be entitled to seek revision of compensation by seeking reference or otherwise, in terms of Section 18 or 28A of Land Acquisition Act, 1894, it also appears that the case in hand would be a fitting one where any representation of the petitioners or of the widowed daughter of the first petitioner to the General Wpc 14063/2009 3 Manager of Southern Railway is sympathetically considered for any rehabilitative measure to provide some support, to generate succor in the situation that may result out of the possible displacement. Though the learned counsel for the petitioners states that the Railways may consider giving employment to the widowed daughter of the first petitioner, or to provide space for a vending point, it is not for this court to issue any such direction. Railways have always had the magnanimity to do whatever be needful as may be found in its wisdom. Writ petition is, hence ordered, directing that any request as aforesaid would gain the consideration of the General Manager, Railways at the earliest. Such representation would be considered, if the petitioners surrender vacant possession of the buildings in question and the land within a period of one month from now. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/8