IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 32621 of 2008(H) -------------------------- PETITIONERS: --------------- 1. SIBY JOSEPH, KUDILIPPARAMBIL, PAZHUTHURUTHU, THIRUVAMPADI P.O. 2. THOMAS THOMAS, MANIMALAPARAMBIL PAZHUTHURUTHU, THIRUVAMPADI P.O. 3. GINSAN MATHEW, KUZHIVELIL, DO. 4. THOMAS JOHN, MUKKAM CHATHIMEL, DO. 5. ABRAHAM M.J., DO, DO. 6. SYMON, THADATHIL, DO. 7. VASUDEVAN NAIR, MADATHIL, SINDHU NIVAS, PAZHUTHURUTHU, THIRUVAMPADI. 8. M.K.LUKA, S/O.KURIEN, MUKALEL, DO, DO. 9. K.K.APPUKUTTAN, KARUKAPPALLIL, PAZHUTHURUTHU. 10. ULAHANNAN CHACKO, MUKKANCHATHIYEL, DO. 11. C.P.JOSEPH, KUNNASSERI, NJEZHOOR P.O. 12. MATHAI THOMAS, POOVATHINKALPADINJARE CHARIVU PURAYIDATHIL, NJEEZHOOR P.O. 13. MANOJ.K.P., KOTTARAPARAMBIL, PAZHUTHURUTHU, THIRUVAMPADI. 14. SASIKALA, PARAYIL, DO. 15. V.K.BAHULEYAN, PARAYIL, DO. 16. GEORGE PAILY, PARAKKALA, DO. WPC32621/08 17. T.M.THOMAS, THEVARMATTATHIL, MADATHIPARAMBU, THIRUVAMPADI P.O. 18. V.C.THOMAS, VATTAVATHUPARAMBIL, NJEEZHOOR P.O. 19. T.P.THOMAS, THERUVAKKATTIL, DO. 20. PAUL.V.PAUL, VARAKADAVIL, THURUTHIPALLY, NJEEZHOOR P.O. 21. JOSEPH MATHAI, THEVARMATTATHIL, PAZHUTHURUTHU, THIRUVAMPADI P.O. 22. K.N.SUMATHIKUTTY AMMA, KARUKAPPALLIL, PAZHUTHURUTHU, THIRUVAMPADI P.O. 23. ANTONY JOSEPH, KUZHIVELILAYA, MATTATHIL, DO. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LA DEPARTMENT, TRIVANDURM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, VAIKOM. 4. THE ASSISTANT ENGINEER, ROADS DIVISION, P.W.D., KADUTHURUTHY. 5. JOY JOSEPH, KUZHIVELIL HOUSE, THIRUVAMBADI P.O., NJEEZHOOR 686612, MEMBER NJEEZHOOR PANCHAYAT. 6. P.C.PUNNOSE, VILAYANATTU CONSTRUCTIONS, ANGADI P.O., RANNI, PATHANAMTHITTA. R1 TO R4 BY GOVT. PLEADER MR.BASANT BALAJI R5 BY ADV. SRI.S.RADHAKRISHNAN R6 BY ADV.SRI.JOMY GEORGE SRI.LITHIN THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32621 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th November, 2008 JUDGMENT The grievance which is essentially voiced by the petitioners is that they are going to be deprived of their properties without recourse to law, namely, the Land Acquisition Act or any other statute. The learned Government Pleader on the basis of the oral instructions received submitted that no notification under Section 4 (1) has been issued so far. He sought for time to seek written instructions in the matter. Learned counsel appearing for the 5th respondent, local member of the Panchayat submitted that proceedings under the Land Acquisition Act have not been initiated for acquiring properties of the petitioners. He submitted that negotiations are going on between the functionaries of the Panchayat and the petitioners so that the petitioners surrender a little bit of their lands so that the idea of widening the existing road by just one metre can be accomplished. 2. Having considered the submissions, I am of the view that the petitioners are justified in requesting that they may not be deprived of their properties other than due process of law. Accordingly, I dispose of the Writ Petition directing the respondents not to W.P.C.No.32621/08 - 2 - dispossess of the petitioners of their properties unless it be on the basis of the proceedings under the Land Acquisition Act or proceedings under any other statute including the Land Relinquishment Act. This judgment will not stand in the way of the respondents negotiating with the petitioners and the parties arriving at a negotiated settlement of the issue. srd PIUS C.KURIAKOSE, JUDGE