IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 4286 of 2010(I) ------------------------------------ PETITIONER(S): ------------------------ T.J.MANUEL, S/O.LATE JOSEPH, THOPPIL, MURUKKUMPADAM DESOM, PUTHUVYPE VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADVS.MR.SHAIJAN C.GEORGE MR.JOHN VIPIN SMT.SHOBA ANNAMMA EAPEN SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 2. COCHIN PORT TRUST, WILLINGTON ISLAND REPRESENTED BY ITS CHAIRMAN. *ADDL. R3 IMPLEADED. 3. LEELA LAKSHMAN, AGED 56 YEARS, W/O. LATE LAKSHMAN RESIDING AT DEVASWOM PARAMBIL, AZHEEKAL PUTHUVYPPEU VILLAGE, ERNAKULAM DISTRICT. ADDL. R3 IS IMPLEADED AS PER ORDER DTD. 11.3.2010 IN IA. 3631/2010. R2 BY ADVS.MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH, MR.V.J.ANAND, ADDL. R3 BY ADV.MR.T.M.SUNIL, SMT.S.CHITHRA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4286/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.1042/1957 OF NJARAKKAL SUB REGISTRY. P2:- COPY OF THE TAX RECEIPT DTD. 8.12.1067 . P3:- COPY OF THE DOCUMENT NO.693/1956. P4:- COPY OF THE TAX PAYMENT RECEIPT DTD. 17/5/1991 FOR 4 ACRES AND 36 CENTS OF PROPERTY. P5:- COPY OF THE OBJECTION DTD. 30.7.08. P6:- COPY OF THE ACKNOWLEDGEMENT DTD. 31/7/08 EVIDENCING RECEIPT OF EXT.P5. P7:- COPY OF THE REMINDER APPLICATION DTD. 14.11.08. P8:- COPY OF THE LAWYER NOTICE DTD. 29.6.09. P9:- COPY OF THE MINUTES NO.L3-28168/09 DTD. 8.7.09. P10:- COPY OF THE SKETCH PREPARED BY THE COCHIN PORT TRUST DTD. 9.12.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4286 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of March, 2010. JUDGMENT The allegation raised in this writ petition is that a portion of the property of the petitioner is being assigned to third parties, without considering the objections raised by him. Exts.P1 and P3 are the copies of documents by which the mother of the petitioner obtained the property. Ext.P2 is the copy of the tax receipt evidencing payment of tax. After various transactions executed by her, an extent of 4 acres 36 cents of property was left with the mother of the petitioner. 2. It is also the case of the petitioner that resurvey was not conducted properly. A canal running parallel to the sea had taken a diversion through the property in question. 3. For the establishment of KRL and LNG Projects, the second respondent planned to reclaim the land through which the canal was deviated for the rehabilitation of the persons who were evicted from the project area. According to the petitioner, even though he is not against the projects, he is entitled to protect his rights. Accordingly, Ext.P5 objection was filed and subsequent reminder has been sent as per Ext.P7. Ext.P8 is wpc4286 /2010 2 the lawyer notice. But thereafter only some response was there on the part of the respondents. It is in these circumstances, the petitioner has filed this writ petition seeking for appropriate directions including a direction to rectify the anomalies in the matter, etc. 4. Heard learned counsel for the petitioner and learned Govt. Pleader. 5. In the light of the contentions raised by the petitioner, there will be a direction to the District Collector to consider the claims raised by the petitioner and take appropriate action as enjoined by law, to redress the grievances raised by the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The same shall be done after hearing the petitioner and any other necessary parties. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/