IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 12564 of 2008(U) ---------------------------------------- PETITIONER: -------------------- TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KSTP, KOTTARAKKARA. 3. SPECIAL TAHSILDAR (LA NO,1), KOLLAM. 4. VILLAGE OFFICER, CHADAYAMANGALAM VILLAGE, CHADAYAMANGALAM, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SMT. MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12564/2008 U APPENDIX PETITIONER'S EXHIBITS: EXT.P!: COPY OF THE EXTRACT OF THE SETTLEMENT REGISTER ALONG WITH THE SKETCH ISSUED FROM THE OFFICE OF THE CENTRAL SURVEY OFFICE, TRIVANDRUM. EXT.P2: COPY OF THE SKETCH ISSUED FROM THE VILLAGE OFFICE, CHADAYAMANGALAM. EXT.P3: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DTD. 21/02/2006. EXT.P4: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 9/11/2006. EXT.P5: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 17/04/2007. EXT.P6: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD. 6/3/2008. /TRUE COPY/ P.A.TO JUDGE Kss C.N.RAMACHANDRAN NAIR & S.SIRI JAGAN, JJ. ------------------------- WP(C) No. 12564 of 2008 --------------------------------- Dated, this the 25th day of April, 2008 J U D G M E N T Ramachandran Nair, J. This writ petition is filed challenging the proposal for acquisition of petitioner's property for development of M.C.Road. Since road widening is a public purpose, petitioner cannot object acquisition of the land required for widening of the road. However, the petitioner Devaswom is entitled to get compensation for its land being acquired by the Government. Therefore, 3rd respondent is directed to conduct local inspection and identify the puramboke land and the land belonging to the petitioner Devaswom and to arrange for immediate acquisition and take over of possession of the property required for construction of the road. Petitioner should be given compensation for the land acquired from them. Reasonable time should also be granted to the Devaswom to shift the 'Hundi', to construct compound wall etc. for the temple, but that too without affecting the time schedule for completion of construction of the road. This writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (S.SIRI JAGAN, JUDGE) jg