IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 32866 of 2010(G) -------------------------------------- PETITIONERS: --------------------- 1. SANTHOSH KUMAR.V.S., S/O.SOMAN, VELLIKANNIL HOUSE, PEROOR.P.O., PEROOR VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. 2. SREEJITH KUMAR.V.S., S/O.SOMAN, VELLIKANNIL HOUSE, VETTIMUGAL.P.O., ETTUMANOOR VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. 3. AJITHA REJIMON, W/O.REJIMON, NJOTTANKUNNIL HOUSE, ATHIRAMPUZHA.P.O., ATHIRAMPUZHA VILLAGE, ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. SMT.A.SREEKALA. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, PIN - 686 001. 2. THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, KERALA STATE TRANSPORT PROJECT (KSTP), DIVISIONAL OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 661. 3. THE S.N.D.P.YOGAM BRANCH NO.40, ETTUMANOOR, KOTTAYAM DISTRICT, REPRESENTED BY IT'S SECRETARY, PIN - 686 631. R1 & R2 BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR, R3 BY ADV. SRI.S.JAMES VINCENT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32866/2010-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE RENT DEED EXECUTED BY THE P.1. IN FAVOUR OF THE R.3. DTD. 17/12/1985. EXT.P.2: COPY OF THE RECEIPT ISSUED BY THE R.3. IN FAVOUR OF THE P.1. FOR THE MONTH OF SEPTEMBER 2010. EXT.P.3: COPY OF THE RENT DEED EXECUTED BY THE P.2. IN FAVOUR OF THE R.3. DTD. 15/01/1994. EXT.P.4: COPY OF THE RECEIPT ISSUED BY THE R.3. IN FAVOUR OF THE P.2. FOR THE MONTHS OF MARCH-JUNE 2010. EXT.P.5: COPY OF THE RECEIPT ISSUED BY THE R.3. IN FAVOUR OF THE P.3. FOR THE MONTH OF JANUARY 2009. EXT.P.6: COPY OF THE NOTICE GIVEN TO THE OWNER OF `MAYURI TEXTILES' DTD. 16/09/2010. RESPONDENT'S EXHIBITS:- EXT.R3.A: COPY OF THE NOTICE NO.B/238/2009 DT.D 20/12/2009 ISSUED TO THE P.2. EXT.R3.B: COPY OF THE STATEMENT OF ACCOUNT OF THE P.2. FOR THE PERIOD FROM 07/07/2007 TILL DATE. EXT.R3.C: TRUE EXTRACT OF THE MINUTES ON PAGE 35 OF THE MINUTES BOOK DTD. 13/05/2009. EXT.R3.D: TWO PHOTOGRAPHS OF DISPUTED SHOPROOMS (CLOSED AND OPEN) IN THE 3RD RESPONDENT'S BUILDING. EXT.R3.E: TWO PHOTOGRAPHS OF NEW SHOPROOMS TAKEN ON RENT/ACQUIRED BY PETITIONERS 1 & 3. EXT.R3.F: COPY OF THE LETTER NO. A1-9349/2010 DTD. 13/09/2010 ISSUED BY THE ETTUMANOOR GRAMA PANCHAYAT. EXT.R3.G: COPIES OF MAHAZAR NO.B.5-3/08(196) DTD. 18/09/2008 WITH THAT OF AWARD DTD. 28/10/2008. EXT.R3.H: COPY OF THE LETTER NO. KSTP/M/7001/2009 DTD. 08/12/2009 ISSUED BY THE KERALA STATE TRANSPORT PROJECT TO THE R.3. EXT.R3.I: COPIES OF PETITION SUBMITTED BY THE R.3. TO HON'BLE MINISTER FOR REVENUE ON 06/08/2010 WITH THE POSTAL RECEIPT AND THE ACKNOWLEDGEMENT. W.P.(C).NO.32866/2010-G: EXT.R3.J: COPY OF THE PETITION SUBMITTED BY THE R.3. TO THE DISTRICT COLLECTOR, KOTTAYAM, ON 06/08/2010. EXT.R3.K: COPY OF THE APPLICATION UNDER RULES 11 (8) & 16(1) OF THE KERALA LAND ASSIGNMENT RULES. //TRUE COPY// P.A. TO JUDGE Prv. HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No.32866 of 2010 --------------------------------------- Dated this the 21st day of October 2011. JUDGMENT The writ petition is filed for a declaration that the acquisition proceedings initiated for the widening of Moovattupuzha -Ettumanoor-Chengannor Road with respect to the rooms occupied by the petitioners are not proper and valid as no notice stipulated in section 9(3) of the Land Acquisition Act, has been served on the petitioner for a direction directing the respondents 1 and 2 not to demolish the acquired portion of the building possessed by the petitioners and owned by the 3rd respondent without causing any harm to the remaining building, as the owner of the building has not exercised their option under section 49 of the Land Acquisition Act and other incidental reliefs. 2. Petitioners, three in number, are the tenants of the 3rd respondent. The part of the property wherein the petitioners are W.P.(C) No.32866/2010 2 occupying the shop rooms is acquired by the State Government for the purpose of widening the Moovattupuzha Ettumannor junction. 3. An extent of 1.30 sq.ft of the property was acquired which is the part of 280 sq.ft. of land wherein the building is situated. 4. The grievance of the petitioners is that due to inaction on the part of the respondents 1 and 2 acquisition proceedings are being done causing harm to the remaining portion of the building as the owner of the building has not exercised option under section 49 of the Land Acquisition Act, for the acquisition of the unacquired portion of the building. 5. The respondents 2 and 3 filed separate counter affidavits. In the counter affidavit, it is stated inter alia that a part of the two storied building in Survey No. 6/7-1 in Ettumannor Village, Kottayam Taluk owned by the 3rd respondent was acquired for a public purpose namely widening of M.C. Road. Part of the building was duly acquired as per law and compensation was paid by the Land Acquisition Officer to the land owner who is the 3rd respondent herein. It is also stated that the acquired land and structures (part) were W.P.(C) No.32866/2010 3 handed over by the 3rd respondent on 18.09.2008 and was taken over by the 2nd respondent as per Mahasar No.B5-3/08(196) on the same day. In view of the above said facts and circumstances, petitioners are not entitled to any relief in this writ petition and the writ petition is dismissed without prejudice to the petitioners' right if any, to approach civil court for appropriate reliefs. HARUN-UL-RASHID JUDGE al