IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 13750 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------- M.C. ANIAMMA, AGED 57 YEARS, D/O. CHACKO, PADINJARE MUTHOOTTIL HOUSE, AYARKUNNAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): ---------------------------- 1. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, ETTUMANOOR.PIN-686 631 2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KOTTAYAM. 3. THE TAHSILDAR, KOTTAYAM TALUK.PIN-686 002 4. THE DISTRICT COLLECTOR, KOTTAYAM.PIN-686 002 5. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 6. AYARKUNNAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, AYARKUNNAM, KOTTAYAM TALUK.PIN-686 564 7. PERUMANA GOPINATHAN NAIR, PUNNATHARA EAST.P.O., CONVEENOR, BRICKS COMMITTEE.PIN-686 638 8. JOSHI, AGED 40 YEARS, S/O. PHILIP, PADINJARE MUTHOOTTIL, AYARKUNNAM VILLAGE, KOTTAYAM TALUK.PIN-686 564 R1 TO R5 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R6 BY ADV. SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS R7 & R8 BY ADV.SRI.R.KRISHNAKUMAR (CHERTHALA) SRI.PILLAI JAYAPRAKASH RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.13750/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, AYARKUNNAM DATED 2/7/2010 EVIDENCING THE FACTUM OF OWNERSHIP AND POSSESSION OF 16 ARES OF LAND AT AYARKUNNAM VILLAGE IN KOTTAYAM TALUK, BY THE PETITIONER. P2 COPY OF THE ROUGH SKETCH REFERRED TO IN WP(C). P3 COPY OF THE REPRESENTATION FILED BY THE PETITIONER ON 3/7/2010 BEFORE THE RESPONDANTS NOS.3 TO 6. P4 COPY OF THE JUDGEMNT OF THIS HONOURABLE COURT IN WP(C) NO.21218/2010 DATED 20/12/2010. P5 COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE SECOND RESPONDANT ON 7/10/2010 IN WP(C)NO.21218/2010. P6 COPY OF THE PLAN OF THE ALTERNATE BRIDGE SUBMITTED BY THE PETITIONER AND MEMBERS OF THE LOCAL PEOPLE ON 15/10/2010. P7 COPY OF THE STUDY REPORT CONDUCTED BY THE RETIRED EXECUTIVE ENGINEER OF THE PWD DEPARTMENT. P8 COPY OF THE LOCATION OF THE ALTERNATE SITE PREPARED BY AN EXPERT ENGINEER. P9 COPY OF THE REPRESENTATION DATED 25/7/2011 SUBMITTED BY THE PETITIONER. P10 COPY OF THE APPLICATION FOR EARLY POSTING FILED BY THE 2ND RESPONDANT IN WP(C)NO.21218/2010. RESPONDANT'S EXHIBITS: R1(A) COPY OF THE ALIGNMENT PLAN. R1(B) COPY OF THE GAZETTE NOTIFICATION 04/02/2011. /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 13750 of 2011 --------------------------------------- Dated this the 10th day of November 2011. JUDGMENT The writ petition is filed for a direction, commanding the respondents 4 & 5 not to take forcible possession of the petitioner's land unless by the established due process of law. 2. Statement submitted by 1st and 2nd respondent it is inter alia stated the following facts. Administrative sanction for the work of construction of parallel bridge at Companykadavu bridge across Meenachil River in Ettumannoor -Ayerkunnam road was accorded for Rs.1,000/- lakhs vide item No.67 of G.O.(Rt) No.1044/2009/PWD dated 14.7.2009. Detailed investigation works were completed and the alignment plan was approved by the Chief Engineer, PWD, Roads and Bridges, Thiruvananthapuram after inspecting the site and considering various technical aspects. The alignment is then proposed with least disturbance to the public. No dwelling houses had to be acquired or demolished. Only acquisition of cultivable land W.P.(C) No. 13750/2011 2 is required for the formation of the approach roads. The proposal of the petitioner for deviating the alignment of the bridge from the PWD road is not practically feasible and will be more complicated. All of the land owners on both sides of the proposed and approved alignment except the petitioner are willing to acquire the land through land acquisition procedures. Annexure R1(a) is the copy of the alignment plan. 3. In Paragraph 6 it is stated that after the judgment in W.P.(C) No. 21218/2010 the matter was reported to the Special Tahsildar, Land Acquisition, General, Kottayam. Land Acquisition authorities have published Gazette notification dated 04.02.2011 under Section 6(1) of the Survey and Boundaries Act for conducting survey proceedings for the acquisition of land coming in the alignment of the new bridge. Copy of the gazette notification is marked as Annexure R1(b). After the 6(1) notification and as directed by the Special Tahsildar, L.A.General, Kottayam, survey stones were planted for the acquisition of the private land. The stones were planted on 15.5.2011. The land will be acquired only after complying W.P.(C) No. 13750/2011 3 with the procedure as prescribed by law and the directions in the judgment. Ext.P4 is the copy of the judgment in W.P.(C) No. 21218/2010 filed by the petitioner. The petitioner approached this Court in the said writ petition seeking more or less the very same prayer and this Court by Ext.P4 closed the writ petition with the observation that the land belonging to the petitioners will be acquired only after complying with the procedure prescribed by law. The respondents 1 and 2 also in their statement as categorically stated that the land will be acquired only after complying with the procedure prescribed by law as directed by this Court in Ext.P4 judgment. Petitioner had come up this Court for the very same reliefs. The writ petition is filed without any bonafidies and devoid of any merits and therefore the writ petition is dismissed. HARUN-UL-RASHID JUDGE al