IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 20936 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. JOSEPH, S/O.JOSEPH, AGED 71 YEARS, VADAKKEMURY, CHAVITTUPADAM, PANNIYAMKARA P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 2. YOHANNAN, S/O.YOHANAN, AGED 42 YEARS, PUTHIYEDATH HOUSE, CHAVITTUPADAM, PANNIYAMKARA P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 3. C.V.GEORGE, S/O.VARGHESE, AGED 63 YEARS, CHAICHALATHIL HOUSE, CHAVITTUPADAM, PANNIYAMKARA P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 4. M.V.VARGHESE, S/O.VARKEY, AGED 62 YEARS, MOOLETHOTTATHIL HOUSE, CHEMMANAMKUNNU, PANNIYAMKARA P.O., ALATHUR TALUK, PALAKKAD DISTRICT. 5. SAM P.JOHN, S/O.MOHANAN, PUTHIYEDATH, CHAVITTUPADAM, PANNIYAMKARA P.O., ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. DEPUTY COLLECTOR, (L&A) NH AND COMPETENT AUTHORITY, (L.A.) NATIONAL HIGHWAY, PALAKKAD. 2. SPECIAL TAHSILDAR, (L.A.) N.H. NO.1, II, PALAKKAD. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRANAGAR, PALAKKAD. ADV. SRI.THOMAS ANTONY FOR R3 GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20936/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2010 J U D G M E N T The land and houses of the petitioners have been acquired by the respondents for widening the National Highway 47, namely, Thrissur-Palakkad, into 6 lanes. Exts.P1 to P1(d) are the notices issued by the respondents requiring the petitioners to surrender the possession of the land within 60 days from the date of receipt of a copy of the notice. The amount of compensation have been determined by the respondents and communications have been issued by Ext.P2 to P2(d). It is pointed out that since delay occurred in paying the amount of compensation, the petitioners could not start the construction of their houses in the lands purchased by them as on today and accordingly, they have requested for further time to vacate the premises by way of Ext.P3 to P3(d) representations. It is pointed out in the writ petition that the widening of Thrissur-Palakkad road has not been started and the acquisition proceedings are under half way. The petitioners seek for a direction to the respondents to grant them sufficient time to vacate the premises. 2. The learned Counsel for the respondents opposed the prayers of the petitioners by pointing out that the W.P.(C). No.20936/2010 -:2:- surrender of possession of the property is required urgently for the purpose of widening of national highway. It is submitted that the petitioners cannot insist that further time has to be granted. 3. Evidently, the petitioners have received compensation for the properties/buildings acquired. In that view of the matter as a matter of right they are not entitled to be granted any time to vacate the premises in these proceedings. Even though the learned counsel for the petitioners submitted that the widening process is yet to be started, that is denied by the learned counsel for the National Highway Authority of India. It is upto the respondents to seek eviction of the persons whose properties have been acquired and further formalities have been completed. Further proceedings with regard to the widening process will have to be undertaken by them also in a time bound manner. In that view of the matter, the prayer to grant further time to vacate the premises cannot be accepted. The writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms