IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 34750 of 2010(P) -------------------------- PETITIONER: --------------- S.VISWANATHAN, S/O. SIVARAMAN PILLAI, TC NO.115/210, "DEVI", UDARASIROMANI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. MR.M.SREEKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE, MUSEUM, THIRUVANANTHAPURAM-695 033. 3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM, KUDAPPANAKKUNNU P.O., PIN-695 043. 4. LAND ACQUISITION OFFICER AND SPECIAL TAHSILDAR, SREE PANDARAVAKA LANDS NO.III, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN-695 043. 5. MARANALLUR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARANALLUR, THIRUVANANTHAPURAM, KATTAKKADA P.O.-695 572. GOVERNMENT PLEADER MR.BIJU MEENATTOOR FOR R1 TO R4. ADV. MS.BINDU SREEKUMAR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34750 of 2010(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PERMIT NO.PD/VI/A/TVM/2009/44 DTD. 13.1.2010 ISSUED BY THE RUBBER BOARD. EXT.P2: NOTICE NO.L.A(T)2-906/2009 DTD. 1.10.2010. EXT.P3: APPLICATION FILED BY THE PETITIONER UNDER RTI ACT DTD. 3.11.2010. EXT.P4: ORDER G.O.(MS)1188/2009 LSGD DTD. 20.5.2009. EXT.P5: NOTIFICATION ISSUED UNDER SECTION 4(1) PUBLISHED IN THE GAZETTE DTD. 8.6.2010. EXT.P6: REPRESENTATION FILED BY THE PETITIONER BEFORE R4 DTD. 12.10.2010. EXT.P7: ACKNOWLEDGMENT CARD FROM R2. EXT.P8: ACKNOWLEDGMENT CARD FROM R3. EXT.P9: ACKNOWLEDGMENT CARD FROM R4. EXT.P10: LETTER NO.LRCI-44361/10 DTD. 22.10.2010. EXT.P11: PHOTOGRAPH. EXT.P12: PHOTOGRAPH. EXT.P13: PHOTOGRAPH. EXT.P14: PHOTOGRAPH. EXT.P15: PHOTOGRAPH. EXT.P16(a): PHOTOGRAPH. EXT.P16(b): PHOTOGRAPH. EXT.P16(c): PHOTOGRAPH. EXT.P16(d): PHOTOGRAPH. (CNTD....2) WP(C).No. 34750 of 2010(P) ::2:: EXT.P17: MINUTES OF THE MEETING HELD ON 31.1.2011. EXT.P18: LETTER NO.17438/R.C.I/2011 LSGD DTD. 29.3.2011. EXT.P19: NOTICE NO.L.R.(C)1-34335/2011 DTD. 9.8.2011. EXT.P20: WRITTEN SUBMISSIONS FILED BY THE PETITIONER BEFORE R2 DTD. 17.8.2011. EXT.P21: REPRESENTATION FILED BY THE EPTITIONER BEFORE R1 DTD. 2.9.2011. EXT.P22: REPRESENTATION FILED BY THE PETITIONER BEFORE R2 DTD. 2.9.2011. EXT.P23: REPRESENTATION FILED BY THE PETITIONER BEFORE R DTD. 2.9.2011. EXT.P24: REPRESENTATION FILED BY THE EPTITIOENR BEFORE R4 DTD. 2.9.2011. EXT.P25: REPRESENTATION FILED BY THE EPTITIONER BEFORE R5 DTD. 2.9.2011. EXT.P26: REPRESENTATION FILED BY THE PETITIONER BEFORE THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA WATER AUTHORITY DTD. 2.9.2011. EXT.P27: REPRESENTATION FILED BY THE PETITIONER BEFORE THE DIRECTOR OF PANCHAYATH, TVM, DTD. 2.9.2011. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.34750 Of 2010 ---------------------- Dated this the 21st day of October, 2011. J U D G M E N T The writ petition is filed for a direction commanding respondents 3 & 4 to consider Ext.P6 representation and to drop the proceedings to acquire property of petitioner as stated in Ext.P5 notification and for other incidental reliefs. 2. The challenge in the writ petition is against Ext.P5 notification issued by the respondents to acquire 10 cents of land belonging to the petitioner from the mid portion of the road frontage out of total extent of 5 acres. The grievance of the petitioner is that the entire property of 5 acres is lying lengthwise with a narrow frontage abutting to the road and that if 10 cents of property is acquired from the mid portion of road frontage, the remaining portion will not be sufficient even to take a lorry inside the property and it will render the entire extent of land useless. Therefore, the petitioner requested the authorities to drop the proposal to acquire the land. Ext.P17 is the minutes of the meeting held in the chamber of Superintending Engineer, PH ::2:: W.P.(C).No.34750 Of 2011 Circle, Kerala Water Authority. The request of the petitioner was considered in the meeting. It was decided to consider the request of the petitioner, to give a direction to the Panchayath authorities to propose an alternate site with road frontage of minimum 4 metre width and which should be more elevated than the present land, if the present land cannot be made available for the acquisition. Ext.P18 is the communication dated 29.3.2011 followed by Ext.P17 decision. In Ext.P18 communication addressed to the petitioner it was informed that the Panchayath is ready to acquire an alternate suitable site suggested by the Water Authority. In the light of Exts.P17 & P18 communications, the petitioner submitted Ext.P23 representation on 2.9.2011 before the 3rd respondent and the learned counsel for the petitioner submits that Ext.P23 is pending before the 3rd respondent. The learned counsel for the petitioner requested this Court to issue a direction to the 3rd respondent to consider and dispose of Ext.P23 within a time frame. In the facts and circumstances stated above, the writ petition is disposed of with a direction to the 3rd respondent, ::3:: W.P.(C).No.34750 Of 2011 District Collector, to consider and pass appropriate orders on Ext.P23 representation, after affording an opportunity of being heard to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-