IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 35423 of 2009(W) --------------------------------------- PETITIONER(S): ------------------------ C.C.ANTONY, KANIRATHUMOOTTILAYA CHEROTH, PERUNNA EAST, CHANGANASSERY, KOTTAYAM DISTRICT. BY ADV. MR.GEORGEKUTTY MATHEW RESPONDENT(S): ------------------------ 1. THE CHIEF ENGINEER, (ROAD AND BRIDGES), P.W.D., THIRUVANANTHAPURAM 2. THE EXECUTIVE ENGINEER, P.W.D. KOTTAYAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, (ROAD AND BRIDGES), P.W.D. CHANGANASSERY. 4. THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL) KOTTAYAM. 5. BHASKARAN, P.W.D. CONTRACTOR, VALANCHIRA HOUSE, KAYAMKULAM P.O., KAYAMKULAM. R1 TO R4 BY GOVT. PLEADER MR.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35423/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SKETCH APPROVED BY THE DEPUTY SUPERINTENDENT OF SURVEY AND LAND RECORDS, KOTTAYAM ON 5.5.05. P2:- COPY OF THE PAYMENT SANCTIONED ORDER DTD. 17.6.08, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. P3:- COPY OF THE REPRESENTATION DTD. 1.12.09 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P4:- COPY OF THE REPRESENTATION DTD. 2.12.09 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.35423 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT Aggrieved by the action taken by the respondents to utilise the un- acquired land of the petitioner for the formation of a by pass road, this writ petition has been filed. 2. The petitioner is the son and the legal heir of Claramma Chacko, W/o. late P.C. Chacko, Kanirathumoottilaya Cheroth, Perunna Est, Changnacherry. The petitioner's mother was having 21.00 ares of land in Sy. No.233/41 of Changanacherry Village. out of this, 10.10 ares of land was acquired by the 4th respondent for the formation of reach No.4 of the Changanacherry by-pass road. By the said acquisition, the land was divided into three plots. The central plot extending to 10.10 ares are acquired for the formation of by-pass road which was sub-divided and numbered as 233/41-1. Out of the remaining two plots, the land extending to 5.55 ares laying at the left side of the acquired plot was numbered as 233/41 and the other portion having an extent of 5.35 ares was numbered as 233/41-2. Ext.P1 is the true copy of the sketch and Ext.P2 is the copy of the award sanctioning compensation. wpc35423 /2009 2 3. The fifth respondent is a contractor who is constructing the 4th reach of the by-pass road. Respondents 2 and 3 are monitoring the construction work also. The respondents are now trying to encroach upon the other plot of land in Sy. No.233/41 whereas the acquired land is in 233/41-1. It is submitted that no such deviation can be permitted. This is with the sole idea to save another plot of land on the right side of the road. 4. Aggrieved by the above, the petitioner has filed Exts.P3 and P4 representations before respondents 3 and 4. Failing to get any action in the matter, this writ petition has been filed. 5. In the light of the seriousness of the allegations made by the petitioner, there will be a direction to respondents 3 and 4 to consider the grievances raised by him in Exts.P3 and P4 representations and take appropriate action to redress the grievance. The same will be done after conducting appropriate enquiries including local inspection. Since the matter is covered by the notification for acquisition and awards, the same will have to be verified to find out the truth regarding the alleged deviation. Appropriate decision in the matter will be taken within a period of one wpc35423 /2009 3 month from the date of production of a copy of this judgment, before completing the work. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/