IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 25153 of 2007(T) -------------------------- PETITIONER: ------------ SUSAN, W/O GIJO, KODIYAT HOUSE, NARENDRA ACHARYA ROAD, THIRUVALLA-1. BY ADV. SRI.K.SANIL KUMAR RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, PWD DEPARTMENT, ROADS AND BRIDGES DIVISION, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PWD DEPARTMENT, ROADS AND BRIDGES DIVISION, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. 4. THE SPECIAL TAHSILDAR, LA N.H., RANNI, PATHANAMTHITTA. ADDL. 5. THE EXECUTIVE ENGINEER, K.S.T.P., MUVATTUPUZHA. (IMPLEADED AS PER ORDER DATED 19.11.2007 IN I.A.No.14762/2007) BY SR.GOVERNMENT PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, ALONG WITH W.P.(C) No.34706/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX in WP.(C) 25153/2007 PETITIONER'S EXHIBITS: Ext.P1 TRUE COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY AND DETAILS OF THE FORMATION OF BY PASS ROAD. EXT.P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DT. 28.6.2007 EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 4.8.2007 SUBMITTED BEFORE THE RESPONDENTS. EXT.P4 SITE PLAN THROUGH WHICH THE PROPOSED ROAD IS TO BE FORMED. EXT.P5 TRUE COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DATED 20.7.2003. //TRUE COPY// P.S. To Judge. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) Nos. 25153 & 34706 of 2007 ------------------------------- Dated this the 4th April, 2008. J U D G M E N T The reliefs sought for in both these writ petitions are similar. In these cases, land acquisition proceedings are initiated for forming Thiruvalla Bye Pass Road for MC Road by constructing a fly over and ancillary roads connecting thereto. According to the petitioners, if the present alignment is accepted, that will cause hardship to so many persons. Since the matter has reached at the award enquiry stage, the Land Acquisition Officer may not be able to give any relief to the petitioners. Petitioners in both these cases had filed representations, as evidenced by Exts.P3 and P4 respectively. Considering the grounds raised in the objection, it is only just and proper that respondents 1 and 2 shall consider the request of the petitioners and pass appropriate orders, in accordance with law, within a time frame, with due notice to the petitioners, before dispossessing the petitioners. W.P.(C) Nos.25153 & 34706/2007 2 In the result, the writ petitions are disposed of with a direction to respondents 1 and 2 to consider and dispose of the representations filed by the petitioners, in both these cases, with notice to them, within one month from the date of receipt of a copy of this judgment. Dispossession of the petitioners is stayed till the disposal of the representations. K.PADMANABHAN NAIR, JUDGE nj.