IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 WP(C).No. 12715 of 2009(H) ----------------------------------- PETITIONERS : ---------------------- 1. BHARATHI AMMA,THACHETTU HOUSE, (SARASWATHI MANDIRAM), MANAKKADU KARA,THODUPUZHA. 2. JAYAKUMAR,RESIDING -DO- -DO- -DO- BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT: -------------------- STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, IDUKKI DISTRICT. SRI. T.K. VIPINDAS, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- W.P.(C) No.12715 OF 2009 --------------------------------------- Dated this the 24th day of April, 2009 JUDGMENT The first petitioner was the owner of 7.16 cents of property in Sy.No.820/2/9 of Mankkad Village and the second petitioner, who is the son of the first petitioner, was the owner of 5 cents of property in Sy.No.820/2/11 of the same Village and both these properties are lying together. The second petitioner and his family are residing in the house situated in the property of the first petitioner. According to the petitioners, the property belonged to them were acquired for the construction of Vengalloor-Kolani Road and the compensation awarded is very meagre when compared with the amount awarded to other properties which were acquired in connection with the above acquisition purpose. However, the case of the petitioners is that the acquisition of the entire property of the petitioners are not warranted. According to the petitioners, now they are in possession of half cent of property and if they get 3 more cents of property, they will be able to construct a house for their residential purpose so that they can W.P.(C) No.12715 of 2009 2 settle their life in that property and they are not in a position to purchase separate property for the said purpose due to the hike in the land value. According to the petitioners, it is within the powers and authority of the Government to refix the alignment of the road on the portion of the petitioners and to exclude the part of the property of the petitioners from the acquisition process. Thus, the petitioners have approached the Chief Minister of Kerala by filing Ext.P1 representation, which was subsequently forwarded to the District Collector, Idukki for consideration. Now, the prayer is for a direction to the first respondent to dispose of Ext.P1 representation which is now pending before the District Collector, Idukki as evidenced by Ext.P3. 2. I have heard the learned counsel for the petitioners as well as the learned Government Pleader. 3. Having regard to the facts and circumstances involved in the case, it is only just and proper to direct the District Collector, Idukki to consider Ext.P1 representation. In the result, there will be a direction to the District Collector, Idukki to take up Ext.P3 representation and to dispose of the same as W.P.(C) No.12715 of 2009 3 expeditiously as possible at any rate within a period of two months from the date of production of the copy of this judgment. The petitioners are directed to produce a copy of this judgment before the District Collector, Idukki within one month from today. The writ petition is disposed of accordingly. V.K.MOHANAN JUDGE pac