IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 12498 of 2010(J) ------------------------------- PETITIONERS: ---------------- 1. V.SURESH, RESIDING AT V.C.VILLA, KARAPARAMBA, KATCHERI, KOZHIKODE - 10. 2. ABI PAUL, "POLINS" CANAL ROAD, KARAPARAMBA, KATCHERI, KOZHIKODE. 3. DR.P.SATHYANARAYANAN, "ABHILASH", KARAPARAMBA, KATCHERI, KOZHIKODE. 4. O.SWARNALATHA, HOUSE NO. 2/689-A, "PAVITHRAM", OTHAYAMANGALAM LANE, KARAPARAMBA, KATCHERI, KOZHIKODE. 5. V.HARIDASAN NAIR, VALAPPIL HOUSE, NO.2/748, CANAL ROAD, KARAPARAMBA, CALICUT - 10. 6. V.SHIBEESH, VALLIL HOUSE, P.O.EDAKKAD, KATCHERI, CALICUT - 5. 7. V.SHOBI, VALLIL HOUSE, P.O.EDAKKAD, CALICUT - 5. 8. DR.PRAKASAN M.P., HOUSE No.2/747A, "DIVYA", KARAPARAMBA, KATCHERI, KOZHIKODE - 10. 9. M.JANAKI, MULLANKANDY HOUSE, CANAL ROAD, ERANHIPALAM, KATCHERI, KOZHIKODE - 6. 10. K.V.SREEDHARAN, MARUTHI NIVAS, CANAL ROAD, ERANHIPALAM, KATCHERI, KOZHIKODE - 6. WP(C).No. 12498/2010 ...2... 11. T.RAMADASAN, "DEVI VIHAR", KARAT ROAD, WEST NADAKKAV, CALICUT - 11. 12. N.K.EBRAHIM HAJI, P.O.KURINHALIYODU, VIA VILLIAPALLI, KOZHIKODE, PIN 673 542. 13. M.BHASKARAN, NAGATHAN PARAMBA, CIVIL STATION, KOZHIKODE - 20. 14. K.R.SUBRAMANIAN, "SREE KRISHNA", No.2/762, CANAL ROAD, ERANHIPALAM, KATCHERI, KOZHIKODE - 6. BY MR.JESWIN P.VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE SPECIAL TAHSILDAR (LA), FOR KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL STATION, KOZHIKODE. 4. THE EXECUTIVE ENGINEER P.W.D. (ROADS DIVISION), CIVIL STATION, KOZHIKODE. 5. THE SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE - 32. BY MR. K.D. BABU, ADVOCATE. MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12498 OF 2010 --------------------------------------- Dated this the 28th day of May, 2010. J U D G M E N T The petitioners are residents on the western side of Eranhipalam-Karaparamba Canal Road, within the Kozhikode city limits. For widening the existing road to a width of 18 metres, proposals have been there in which the properties owned by the petitioners were also included. 2. The petitioners have been moving various authorities against the proposal to widen the road to a width of 18 metres as many of the houses and shop rooms will have to be demolished. The petitioners complain that atleast the limit can be within 15 meters so that many of the shops and residential houses could be saved. 3. Exhibit P1 is a copy of the representation submitted before the 2nd respondent in the matter. Another representation, Exhibit P2 has also been filed in this regard before the Mayor of the Kozhikode Corporation. It is pointed out that the existing W.P.(C) No.12498/2010 2 road has 12 metres and a further widening by 3 metres will meet the requirements for the free flow of traffic. 4. Along with I.A.No.6538/2010, the 1st petitioner has produced Exhibit P3, a copy of the Gazette notification issued under Section 4(1) of the Land Acquisition Act. In the light of the above, it is upto the petitioners to file appropriate representations showing their objections with regard to the acquisition before the competent authority. The competent authority will consider all aspects including the objections raised in Exhibit P1 and the supplementary representations which they may file against the notification under Section 4(1) of the Land Acquisition Act. Appropriate decision will be taken in accordance with law, expeditiously. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp