IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 20197 of 2007(D) -------------------------- PETITIONERS: ----------------- 1. P.AJITH KUMAR, TC 28/1556, 'ROHINI BUILDINGS', THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM. 2. A.JAHABAR SADIQ, NEW KAIRALI AGENCIES, TC 38/1438, POWER HOUSE ROAD, THIRUVANANTHAPURAM. 3. P.NAZEER, TC 38/1441, PAN SHOP, POWER HOUSE ROAD, THIRUVANANTHAPURAM-36. 4. C.BALAKRISHNAN ASARI, TC 38/1446, DEVI ARTS, POWER HOUSE ROAD, THIRUVANANTHAPURAM-36. 5. RAJU S., TC 38/1445, HARDWARE SHOP, POWER HOUSE ROAD, THIRUVANANTHAPURAM-36. 6. P.SAMANTH, SNOW WHITE COMMUNICATION, 'ROHINI BUILDINGS', THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM. 7. SREE MUGESH R., WHITE LINE MOBILE CARE, TC 28/2217, THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM-23. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SC) DEPARTMENT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 4. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY REPRESENTED BY SECRETARY, OFFICE OF THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI R1 & 2 BY ADV. SRI.K.A.JALEEL, SC., TRIDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008 ALONG WITH WPC NO. 20398 OF 2007 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 20197 OF 2007 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE G.O.(RT) 8426/2004/GAD DATED 22.11.2004. EXHIBIT P2 TRUE COPY OF THE NOPTIFICATION UNDER SECTION 41 FOR ACQUIRING THE LAND BY THE DEPUTY COLLECTOR DATED 23.3.2005. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.22114 OF 2005 DATED 12.4.2007. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION FROM THE STATE PUBLIC INFORMATION CENTRE ON 6.6.2007. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.20197 OF 2007, W.P(C) NO.20398 OF 2007, W.P(C) NO.21117 OF 2007 AND W.P(C) NO.32487 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 11th day of March, 2008 J U D G M E N T -------------------- All these Writ Petitions are filed by the petitioners who are occupying shop rooms which are under acquisition for widening of the LMS-Attakulangara road under the City Road Improvement Projects involved in the Capital Regional Development Programme. In an earlier occasion owners of some shop rooms filed Writ Petitions and in those Writ Petitions the Government had stated that Government had taken steps to rehabilitate the traders affected by the widening of the road and for the same Government propose to acquire 45 cents of land in Sy. No.1016 of Vanchiyoor Village. In that plot a multi storied building has been constructed by M/s. Malabar Castle (P) Ltd. They also filed a Writ Petition challenging the notification issued under Section 4(1) of the Land Acquisition Act to acquire their property. All those Writ W.P(C) NOS.20197 OF 2007 & CONNECTED CASES -: 2 :- Petitions were disposed of by a common judgment with a direction to the Government to hear all the parties concerned and take a decision in the matter. A further direction was also issued not to dispossess the petitioners therein until a decision is taken in the matter. 2. The grievance of the petitioners is that the Government is not taking a final decision in the matter . First respondent sought three months' time from 1.2.2008 for taking a final decision. I have already granted that time. Until the decision is taken in the matter, the directions issued by me in the judgment in W.P(C) No.22114 of 2005 and connected cases on 12.4.2007 shall be in force in these Writ Petitions also. No further orders are necessary in these Writ Petitions at this time. Writ Petitions are closed as above. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008