IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 593 of 2008(U) ------------------------ PETITIONER: ------------ M/S MOOPAN MOTORS PVT. LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, MRS. SEBA BABU MOOPAN, MOOPAN MOTORS, NATTAKOM. BY ADV. SRI.SAIGI JACOB PALATTY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY PWD, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND ACQUISITION OFFICER, THE SPECIAL TAHSILDAR LA(NH), CHANGANASSERY. BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P2; COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P3; COPY OF THE RESOLUTION NO.13 DATED 28.11.2007 OF THE NATTAKOM PANCHAYATH COMMITTEE. EXT.P4; COPYOF THE REPRESENTATION DATED 5.12.2007 BY THE NATTAKOM PANCHAYTH COMMITTEE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 593 of 2008 ---------------------------------- Dated this the 27th day of June , 2008 JUDGMENT In this writ petition, the petitioner challenges Exts.P1 and P2 notices given to him regarding the assumption of advance possession of certain properties belonging to him, which are to be acquired for the purpose of construction of a bus bay. According to the petitioner, the local authority- the Nattakom Panchayat has already passed Ext.P3 resolution finding that construction of the bus bay at the site now proposed will make the area accident prone and deciding to request the Government to shift the bus bay to another spot. By Ext.P4 covering letter Ext.P3 resolution has been forwarded to the Government. According to the petitioner, the Government is likely to take a decision accepting Ext.P3 and, therefore, they should not be dispossessed till such time as the Government takes decision. 2. On considering this writ petition for admission, this court on 4.1.2008 passed an order staying dispossession of the petitioner from their property. That order has been continuing since then. No counter affidavit has been filed. Apparently Ext.P3 resolution of the Panchayat and Ext.P4 request are pending with the Government. I dispose of this WPC No.593/2008 2 writ petition issuing the following directions; i). The first respondent will take an early decision upon Exts.P3 and P4 forwarded to the Government by the Nattakom Panchayat. Decision as directed above will be taken at the earliest and at any rate within two months of receiving a copy of this judgment. The petitioner is permitted to place a copy of this writ petition also along with the copy of this judgment before the Government so that the grounds raised herein also can be appreciated. Once the decision is taken, the petitioner should be informed of the same. ii). Considering the above direction, there will be a further direction that the order of stay presently in force will continue for a period of three more months. PIUS C. KURIAKOSE JUDGE dpk