IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 WP(C).No. 34496 of 2007(F) PETITIONER: P.A.FRANCIS ASSISTANT TALUK SUPPLY OFFICER (NOW ON DEPUTATION AS JUNIOR MANAGER) CIVIL SUPPLIES CORPORATION, KOCHI. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES COMMISSIONERATE OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER) FOR MAKING PROMOTION TO THE POST OF TALUK SUPPLY OFFICER, REPRESENTED BY ITS CONVENOR, COMMISSIONER OF CIVIL SUPPLIES, COMMISSIONERATE OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. K.A.ABDUL RASHEED, JUNIOR MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION TALUK DEPOT, THODUPUZHA. 5. T.P.THRESIA, ASST. TALUK SUPPLY OFFICER TALUK SUPPLY OFFICE, CHERTHALA. 6. O.KRISHNAKUMARI, JUNIOR MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION OFFICE OF THE REGIONAL MANAGER PALAKKAD. 7. P.V.SASIDHARAN, ASST, TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, THALASSERY. 8. A.AHAMMED BASHEER, JUNIOR MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION TALUK DEPOT, KALPATTA. 9. N.GOVINDA PILLAI, ASST, TALUK SUPPLY OFFICER TALUK SUPPLY OFFICE, ADOOR. 10. P.P.HAREENDRAN, ,MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION SUPPLY CO SUPER MARKET, KANNUR. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 34496 OF 2007 ----------------------------------- Dated this the 17th day of October, 2007 JUDGMENT The grievance of the petitioner is that the Municipality has illegally constructed a road through his property which had an original extent of 49 cents from out of which, according to the petitioner, 38 cents was acquired for the National Highway Bypass and 11 cents is the remaining extent. The petitioner had approached this Court earlier and this Court passed Ext.P1 judgment. Pursuant to Ext.P1, the Municipality issued Ext.P2 order rejecting the petitioner's claim. It was in the light of Ext.P2 that the petitioner filed complaint before the Ombudsman who passed Ext.P4. Under Ext.P4 the Ombudsman has accepted the stand of the Municipality that if documents are produced by the petitioner, the Municipality will be ready to have a measurement of the properties taken and accordingly disposed of the complaint directing the Municipality to conduct measurement of the properties on the basis of the title documents and to pay compensation, if any, due to the petitioner. The counsel for the Municipality in my opinion is justified in submitting that so long as Ext.P2 stands, it will be difficult for the petitioner to seek implementation of Ext.P4. However, if the petitioner has a genuine grievance, the same has to be redressed. Accordingly, I dispose of the WPC No.34496 of 2006 2 Writ Petition issuing the following directions: The petitioner will file objections to Ext.P2 within three weeks of his receiving copy of this judgment along with the objections. The petitioner will file photocopies of all relevant documents upon which the petitioner relies for claim of title to the property. Once objections and documents are filed, the Municipality will make arrangements to have a measurement of the properties on the basis of the documents. Measurement as directed above will be conducted within six weeks of the petitioner filing objections and producing documents. If on the measurement it is revealed that any portion of the petitioner's property has been utilised by the Municipality for construction of road and that the petitioner has not been paid any compensation, the Municipality will determine the payable compensation on the basis of the market value of the land and communicate the decision to the petitioner. If the petitioner is aggrieved by the decision, it is open to him to challenge the decision. PIUS C. KURIAKOSE, JUDGE btt WPC No.34496 of 2006 3