IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 12584 of 2008(W) -------------------------- PETITIONER(S): --------------- GORDON MENDEZ AGED 61 YEARS,S/O.JAMES.B.MENDEZ KANACHAKKANATTU HOUSE, EDAKOCHI, NOW RESIDING AT 36/130 THERASA, BEHIND LISIE HOSPITAL, KOCHI-18 BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF KOCHI REPRESENTED BY ITS SECRETARY CORPORATION OFFICE, ERNAKULAM 3. DISTRICT COLLECTOR, ERNAKULAM 4. THE TAHSILDHAR, KOCHI TALUK, ERNAKULAM. ADV. SRI.K.ANAND FOR R2 GOVERNMENT PLEADERSMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 12584/08 ----------------------------------------------------------------- EXT.P1 COPY OF WILL DT. 3-12-1984. EXT.P2 TAX RECEIPT DT. 18-4-2006. EXT.P3 TAX RECEIPT DT. 27-2-2008. EXT.P4 LETTER DT. 3-4-2008. EXT.P5 LETTER DT. 24-3-2008. EXT.P6 LETTER DT. 24-3-2008. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R4(a) TRUE COPY OF SKETCH. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12584 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th August, 2009. J U D G M E N T The petitioner has filed this writ petition aggrieved by the action of the Corporation of Kochi in encroaching into the property belonging to the petitioner for widening a road and construction of a drainage canal without taking proceedings for acquisition of the said land. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents to restore petitioner's property in survey No. 162/2 of Edakochi village, Kochi Taluk to its original extent of 8.02 cents by removing the encroachments made by 2nd respondent. (ii) Issue a writ or any other appropriate order declaring that 2nd respondent or any other respondents are not entitled to construct, widen or modify any road or drainage by encroaching into the property of the petitioner covered by Ext. P1 document without the written consent of the petitioner or without acquiring it in accordance with law. (iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 to 4 to consider and take appropriate action on Exts.P4, P5 and P6 within a time limit to be specified by this Hon'ble Court.” 2. Since the Corporation denied having encroached into the land belonging to the petitioner, this Court has, by order dated 10-11- 2008, directed the 4th respondent-Tahsildar, Kochi to inspect the petitioner's property in Sy. No. 162/2 of Edacochi Village and file a report as regards the allegations of encroachment by the 2nd respondent. Pursuant thereto, the Tahsildar has filed an affidavit dated 9-12-2008 produced a copy of the sketch prepared by the Taluk Surveyor after surveying the property stated that an extent of 1.803 cents of land have been lost from the petitioner as canal and road vested with the Corporation. 3. In view of the fact that the land has been taken for a public W.P.C. No. 12584/08 -: 2 :- purpose, the petitioner would be satisfied if the Corporation pays the market value of the land taken from the petitioner, to the petitioner. I directed the learned counsel for the Corporation as to whether the Corporation is willing to pay compensation to the petitioner for the land unauthorizedly taken from him. Today, the learned standing counsel for the Corporation placed before me a statement of facts received by him from the Secretary of the Corporation, in which it has been stated that the Council of the Corporation has, by resolution no. 85 dated 7-7-2009, decided to pay compensation for the 1.803 cents of land in sy. no. 162/2 taken from the petitioner, as per the price to be fixed by the District Collector for the same. In view of the said agreement, I dispose of this writ petition with the following directions: The Corporation of Kochi shall get the value of the land fixed by the District Collector as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. This shall be treated as a direction to the 3rd respondent-District Collector also. On getting the price fixed, the Corporation shall pay the price so fixed to the petitioner within another month. I make it clear that if the petitioner is dissatisfied with the value so fixed, it would be open to him to challenge the fixation of the value in appropriate proceedings . Sd/- S. Siri Jagan, Judge. Tds/