IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 32819 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. ABDUL AZEEZ P.A., AGED 51 YEARS, S/O. ABDUL KHADAR, PANADAN HOUSE, HIDAYATH NAGAR, HMT COLONY P.O., KALAMASSERY, PIN 682 024, ERNAKULAM , KERLA, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER ABDUL NAZAR, S/O. ABDUL KHADER AGED 50 YEARS, 2. O.R. NARAYANAN NAIR, AGED 54 YEARS, S/O. RAMAN NAIR, VISHNUPRIYA, PATHADIPALAM, EDAPPALLY, KOCHI 682 024, ERNAKULAM , KERALA 3. ABDULLA M.K., AGED 49 YEARS, S/O. KUNJU PAREED, MANAKKADAN HOUSE, HIDAYATH NAGER, HMT COLONY P.O., KALAMASSERY, PIN 682 024, ERNAKULAM, KERALA. 4. T.K. NAUSHAD, AGED 38 YEARS, S/O. P.P. ABU, PATHADIPALAM, EDAPPALLY P.O., KOCHI -24. 5. K.A. ALIKUNJU, AGED 48 YEARS, S/O. ABDUL KHADER, KOLLAMKUDY HOUSE, CHENGAMPUZHA NAGAR P.O., PUTHUPALLYPURAMKARA, KALAMASSERY, ERNAKULAM. BY ADV. SRI.SHAJI P.CHALY SMT.M.M.JASMIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. WPC.NO.32819/08 3. THE MANAGING DIRECTOR, DELHI METRO RAIL CORPORATION, NBCC PLACE, BHISHMA PITHAMAHA MARG, PRAGATHI VIHAR, NEW DELHI 110 003. 4. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS CHAIRPERSON. BY GOVT. PLEADER SRI.D.ANIL KUMAR ADV.SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 32819 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November , 2008 JUDGMENT Heard Sri.S.P.Chaly, learned counsel for the petitioner and Sri.D.Anil Kumar, learned senior Government Pleader. It is submitted that what has been done so far is only peg marking of the property for acquisition on the basis of the alignment fixed. Sri.D.Anil Kumar submitted that the alignment has been finalised by the DMRC and if at all anybody is able to do anything about the request of the petitioner for shifting of the proposed railway platform by 35 feet ( where allegedly the government lands are available on either sides of the proposed track) it is the DMRC. It is seen that Ext.P7 is pending before the DMRC. 2. Sri. C.M.Suresh Babu submits that he is not in a position to take notice on behalf of DMRC. He requests that notice be issued to DMRC. But since Ext.P7 is apparently pending before the DMRC and the acquisition proceedings are at the pre-notification stage, I am of the view that this writ petition can be disposed of issuing the following directions; WPC.No.32819/08 2 The third respondent or any other authorised officer of the Delhi Metro Rail Corporation will consider Ext.P7 in the light of the grounds raised in this writ petition and take a decision at the earliest and at any rate within one month of receiving a copy of this judgment. The petitioner is directed to place a copy of this writ petition along with a copy of this judgment before the third respondent. If the petitioner is desirous of personal hearing in the matter, he can make a request in that regard before the third respondent, in which case, I am sure, the same will be granted. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.32819/08 2