IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 16053 of 2009(B) -------------------------- PETITIONER(S): --------------- P.S. RAVEENDRAN PILLAI, S/O. LATE SANKARA PILLAI, AGED 55 YEARS, PUTHIYAVEETTIL HOUSE, ARAKKULAM P.O., ARAKKULAM VILLAGE, THODUPUZHA. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, MUVATTUPUZHA VALLEY IRRIGATION PROJECT (MVIP) MUTTOM, THODUPUZHA. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PINAVU P.O., IDUKKI. 4. THE SURVEY SUPERINTENDENT (RE-SURVEY) IDUKKI DISTRICT, PINAVU P.O., IDUKKI. 5. THE THAHASILDAR, THODUPUZHA TALUK, THODUPUZHA. 6. RAJU, S/O. PAREKKATTIL SANKARA PILLAI, PAREKKATTIL HOUSE, KANJIRAMATTOM KARA, THODUPUZHA EAST P.O., THODUPUZHA. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.16053 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2009 J U D G M E N T The land belonging to the petitioner's father was acquired by the state for MVIP and it seems similarly a portion of the land belonging to the father of the 6th respondent was also acquired for the same project. But an extent of property continued with the father of the 6th respondent. It is the petitioners case that the 6th respondent encroached into a portion of the property acquired from the petitioners father and he has now moved the respondents for getting the property assigned in his name. Petitioner sought for a survey and de-marcation of the property. He also moved the District Collector, among others vide Ext.P10 to the following reliefs. 1. If the acquired property is not required for any public purpose that may be assigned to us. We are ready and willing to pay the compensation amount received by us with interest or the present market value of the property fixed by the Government. 2. If the acquired property is required for public purpose, effective steps may be taken to preserve the same by fixing its boundaries after survey measurement through WPC. No.16053 OF 2009 : 2 : Survey Department. 3. You may take effective steps to contest the cases mentioned above and to preserve the acquired land. This writ petition has been filed seeking appropriate direction to the respondent to see that the acquired property is to be assigned back to the legal heirs of the original owner. Having heard the learned counsel for the petitioner and the learned Government Pleader, I find that ExtP.10 requires a consideration by the District Collector. If any person has encroached into the land originally acquired for MVIP project, the said encroachment shall be vacated in accordance with law. Petitioner also shall be given a reply to Ext.P10 indicating the action taken thereon. This shall be done within two months from the date of receipt of a copy of this judgment along with the copy of writ petition. Writ petition disposed of accordingly. (V.GIRI, JUDGE) jma