IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 WP(C).No. 33790 of 2011(W) ----------------------------------- PETITIONER(S): -------------------- 1. E.K.ABDUL RAHMAN, S/O.LATE MOHAMMEDKUTTY HAJI,AGED 55 YEARS, EDATHODI KAKKASSERY,MOORKANAD P.O, MALAPPURAM 679 338 2. E.K.FIROZ, S/O.E.K.ABDUL RAHMAN,AGED 37 YEARS, EDATHODI KAKKASSERY,MOORKANAD P.O, MALAPPURAM 679 338 3. P.SHAMSEENA, W/O.E.K.FOROZ,AGED 23 YEARS, EDATHODI KAKKASSERY,MOORKANAD P.O, MALAPPURAM 679 338 4. KADHIYAKUTTY, W/O.LATE AHAMMEDKUTTY,AGED 70 YEARS, KOZHIKKATTUTHODY PALLIPURATH, MOORKANAD P.O, MALAPPURAM 679 338 5. P.SAIFUDEEN, S/O.LATE AHAMMEDKUTTY,AGED 48 YEARS, KOZHIKKATTUTHODY PALLIPURATH, MOORKANAD P.O, MALAPPURAM 679 338 BY ADVS. SRI.C.A.CHACKO SMT. C.M.CHARISMA svs .........2/-... ..2.. WPC. NO.33790/2011 RESPONDENT(S): --------------------- 1. THE DISTRICT POLICE CHIEF, MALAPPURAM - 676 505 2. THE INSPECTOR OF POLICE, PERUNTHALMANNA, MALAPPURAM DISTRICT - 676 505 3. THE SUB INSPECTOR OF POLICE, KOLOTHUR,MALAPPURAM DISTRICT - 679 338 4. THE PRESIDENT, MOORKANAD GRAMA PANCHAYAT, MOORKANAD,MALAPPURAM DISTRICT - 675 505 5. MUHAMMEDKUTTY MASTER, LEADER OF OPPOSITION,MOORKANAD GRAMA PANCHAYAT COMMITTEE,MOORKANAD,MALAPPURAM DISTRICT- 675 505 6. MOORKANAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MOORKANAD,MALAPPURAM DISTRICT - 675 505 R1 TO R3 BY GOVT. PLEADER SRI.JITHESH R4-6 BY ADV. SRI.R.RAJESH KORMATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 33790/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SETTLEMENT DEED DATED 10/3/2003 P2: COPY OF SALE DEED DATED 19/3/2008 OF 2ND PETITIONER. P3: COPY OF SALE DEED DATED 19/3/2008 OF 3RD PETITIONER. P4: COPY OF SALE DEED DATED 1/3/1969 P5: COPY OF SALE DEED DATED 22/7/1998 P6: COPY OF ORDER DATED 25/3/1010 P7: COPY OF REPRESENTATION DATED 13/12/2011 RESPONDENT'S EXHIBITS: R6(a):COPY OF THE COMUNICATION DATED 07/09/2011. R6(b):COPY OF THE COMMUNICATION DATED 15/12/2011 ADDRESSED TO THE FOURTH RESPONDENT BY THE FIRST PETITIONER. R6(c):COPY OF THE COMMUNICATION DATED NIL ADDRESSED TO THE FOURTH RESPONDENT - PRESIDENT OF THE PANCHAYATH BY THE FOURTH PETITIONER. R6(d):COPY OF THE COMMUNICATION DATED NIL ADDRESSED TO THE FOURTH RESPONDENT - PRESIDENT OF THE PANCHAYATH BY THE FIFTH PETITIONER. R6(e):COPY OF RESOLUTION DATED 17/12/2011 OF MOORKANAD GRAMA PANCHAYATH. R6(f):COPY OF THE APPLICATION DATED 19/12/2011 SUBMITTED BY THE FIRST PETITIONER. R6(g):COPY OF THE APPLICATION DATED 19/12/2011 SUBMITTED BY THE FOURTH PETITIONER. R6(h):COPY OF THE APPLICATION DATED 19/12/2011 SUBMITTED BY THE FIFTH PETITIONER. /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN & P.Q. BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33790 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of December, 2011 J U D G M E N T S. SIRI JAGAN, J. The petitioners are residents of the locality where a new bridge has been constructed. The petitioners' grievance in this writ petition is that for construction of the approach road to the new bridge, without their consent, land belonging to them are being taken over by the Moorkanad Grama Panchayath for handing over to the Roads and Bridges Corporation, without initiating any proceedings under the Kerala Land Acquisition Act. The petitioners therefore seek the following reliefs: “i) issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to provide adequate police protection to the life and properties of the petitioners against the threat of respondents 4 and 5 and their men to acquire properties forcefully for constructing approach road to River Bridge across Thoothapuzha connecting Edappalam in Palakkad District and Moorkanad in Malappuram District. ii) issue a Writ of Mandamus or any other appropriate writ, order or direction to respondents 1 to 3 to consider Ext.P7 representation forthwith;” A counter affidavit has been filed on behalf of the 6th respondent, wherein they have produced Ext.R6(c) W.P.(C)No.33790 of 2011 2 agreement between the petitioners 1, 4 & 5 regarding the relinquishment of their properties. They have also produced Exts.R6 (f), R6(g) & R6(h) relinquishment letters submitted by petitioners 1, 4 & 5. They also submit that the land belonging to the petitioners 2 & 3 are not necessary for construction of the approach road. In the above circumstances, the counsel for the petitioners submits that the counter affidavit may be recorded and the writ petition may be closed. Ordered accordingly. Sd/- S. SIRI JAGAN, JUDGE Sd/- P.Q. BARKATH ALI, JUDGE //True copy// P.A. TO JUDGE shg/