IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 14426 of 2011(C) ---------------------------------- PETITIONER(S): ------------------- NABEESATH, AGED 43 YEARS, W/O.ABDUL RAHIMAN,RAMEEZ MANZIL, NEAR RAILWAY GATE CHERUVATHUR P.O., KASARAGOD. BY ADVS.SRI.L.RAJESH NARAYAN IYER SRI.RENJITH B.MARAR RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SPECIAL TAHSILDAR (L.A.), CHERUVATHOOR, KASARAGOD - 671 - 121. 3. THE CHIEF ENGINEER (ROADS AND BRIDGES) KERALA PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 4. THE MANAGING DIRECTOR, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA, 2ND FLOOR, PREETHI BUILDINGS, MV ROAD, PALARIVATTOM, KOCHI-682 025. 5. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM - 695 001. R1 TO R3, R5 BY GOVT. PLEADER SRI.M. MUHAMMED SHAFI R4 BY ADV. SRI.SHYSON P.MANGUZHA,SC,ROADS & BRI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 14426/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 06/02/2003. P2: COPY OF THE ORDER DATED 09/09/2010. P3: COPY OF THE ORDER NOTICE DATED 28/04/2011. P4: COPY OF THE ORIGINAL PROPOSED PLAN. P5: COPY OF THE REVISED PLAN. P6: COPY OF THE SITE PLAN. P7: COPY OF THE LETTER DATED 03/03/2011. P8: COPY OF THE REPLY DATED 28/03/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 14426 of 2011 --------------------------------------- Dated this the 3rd day of November 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P2 order and for other incidental reliefs. 2. Petitioner is the owner and in possession of land in survey No. 616/2 A of Cheruvathoor Village in Hosdurg Taluk. Petitioner's property was also included in the list of properties sought to be acquired for the construction of a Railway overbridge. The grievance of the petitioner is that the respondents, pursuant to Exts.P1 to P3 have measured the property of the petitioner and laid stones inside the property which touches upon the residential building of the petitioner. 2. Respondents 2 & 5 jointly filed a counter affidavit and the 4th respondent filed a separate counter affidavit. In the counter affidavit filed by the 4th respondent it is specifically pointed out that the only affected building is a commercial building including the compound wall and adequate compensation will be provided to the petitioner under the Land Acquisition Act . It is also stated that the statement made by the W.P.(C) No.14426/2011 2 petitioner that original plan was deviated by the respondent is not correct and that no further deviation has been made to the southern side of the road affecting the residential building of the petitioner. 3. In the aforesaid circumstances, especially when it is pointed out that acquisition proceedings does not cover any portion of the residential building of the petitioner, the petitioner is not entitled to any relief sought for in the writ petition. The writ petition is dismissed HARUN-UL-RASHID JUDGE al