IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 5417 of 2010(B) ------------------------- PETITIONERS: --------------- JANAKEEYA PRATHIRODHA SAMITHI, (KOTTAYAM KUMARAKOM ROAD, EXPANSION), REP. BY ITS PRESIDENT, JOHN KURIAN, S/O.P.J.KURIAN(LATE), AGED 65 YEARS, POOVAKULAM HOUSE, THAZHATHANGADI, KOTTAYAM DISTRICT. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVENRMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 4. THE TAHSILDAR (LA), KOTTAYAM. 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), NEAR KSRTC BUS STAND, KOTTAYAM. GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5417 of 2010(B) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: Notice dtd.26/11/2009 issued by the 3rd respondent. EXHIBIT P2: Photographs showing the alignment of the road at various points. EXHIBIT P3: Representation submitted on 5/12/2010 before the Minister for PWD. EXHIBIT P4: Application made U/s.6 of the Right to Information Act dtd.14/12/2009. EXHIBIT P5: Reply given to the petitioner by the 5th respondent. EXHIBIT P6: News paper report published in Malayala Manorama Daily dtd.30/1/2010. EXHIBIT P7: News item published in the Malayala Manorama daily dtd.31/1/2010. EXHIBIT P8: News item published in Malayala Manorama daily dtd.4/2/2010. EXHIBIT P9: Photographs showing the stones laid inside the property of the members of the petitioner association. EXHIBIT P10: Complaint dtd.4/2/2010 submitted before the Circle Inspector of Police, Kottayam West Police Station. EXHIBIT P11: Representation dtd.5/2/2010 submitted before the 2nd respondent. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.5417 of 2010 -------------------------------------- Dated this the 20th day of May, 2010 JUDGMENT This writ petition is filed by the petitioner aggrieved by the proposal for the widening of Kottayam-Kumarakom Road. It is submitted that without initiating any valid proceedings under the Land Acquisition Act respondents are taking steps for forcible acquisition violating all the principles of law. 2. The learned Government Pleader on instructions submitted that no proceedings have been initiated so far under the Land Acquisition Act and no notification has been issued. In the light of the above it is clear that proceedings are yet to be initiated. In that view of the matter there is no basis for the apprehension of the petitioner. Only under due process of law properties can be acquired. It is open to the petitioner to challenge the Land Acquisition Proceedings after the Land Acquisition notification is issued, if they are aggrieved by the said notification. The writ petition is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj