IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 37619 of 2010(B) ------------------------------------ PETITIONER(S): ------------------------ 1. M/S. ASSOCIATED WEIGH BRIDGE, VATTAKKATTUPADY, PERUMBAVOOR, REPRESENTED BY ITS MANAGING PARTNER, T.K.THOMAS, AGED 71 YEARS, S/O. KURIAKOSE, THODATHIL VEEDU, PULLUVAZHY P.O., RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. 2. M/S. ASSOCIATED WEIGH BRDIGE, VATTAKKATTUPADY, PERUMBAVOOR, REPRESENTED BY ITS MANAGING PARTNER, E.K.RAMACHANDRAN, AGED 50, S/O. KUTTAPPAN, EDAYATH HOUSE, PULLUVAZHY KARA, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. 3. M/S. ASSOCIATED WEIGH BRDIGE, VATTAKKATTUPADY, PERUMBAVOOR, REPRESENTED BY ITS MANAGING PARTNER, K.V.SAMUEL, AGED 54, S/O.CHERIAN VARGHESE, GRACE COTTAGE, PULLUVAZHY KARA, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): ------------------------ 1. THE PRINCIPAL SECRTARY TO PWD DEPT., SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD - 682 030. 3. THE PERUMBAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PERUMBAVOOR MUNICIPAL OFFICE, PERUMBAVOOR - 683 542. 4. THE RAYAMANGALAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, RAYAMANGALAM PANCHAYAT, ERNAKULAM, RAYAMANGALAM P.O. - 683 545. R1 & R2 GOVERNMENT PLEADER SMT.K.R.DEEPA R3 BY ADV. SRI.V.M.KURIAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.37619 OF 2010 -------------------------------------------- Dated this the 19th day of January, 2011 JUDGMENT The petitioners who are the managing partners of a firm by name M/S Associated Weigh Bridge, Vattakkattupady filed this Writ Petition mainly seeking for issuance of writ of mandamus commanding respondents 1 to 4 to exclude the property of the petitioners in Re- sy.Nos.70/1, 70/2 and 70/3 of block No.18 (RYM) of Permbavoor village from acquisition for the proposed Perumbavoor Bye-pass road. 2. A statement has been filed on behalf of the second respondent in this Writ Petition. It is stated thereunder as follows: “Initially the Executive Engineer, Public Works Department (Roads) was the requisitioning authority. But later it was entrusted to the Kerala State Construction Corporation Ltd. by the Public Works Department itself. The requisition is received in this office on 5.1.2011. Administrative sanction from the Public Works Department for acquisition of land for the Perumbavoor Bye-pass invoking the urgency clause is on 31.12.2010. The proceedings for the posting of a W.P.(C) NO.37619/2010 2 Land Acquisition Officer is under process. The steps for issuing notification u/s 6(1) of the Survey and Boundaries Act as well as other procedures of land acquisition are yet to begin.” It is submitted by the learned Government Pleader based on the aforesaid position that this Writ Petition is premature and the allegations raised in this Writ Petition need not be gone into at this stage. Evidently, Land Acquisition Officer is yet to be posted. That apart, notification under Section 6(1) of the Survey and Boundaries Act is yet to be published and other procedures for land acquisition are also yet to be commenced. In the circumstances, the learned Government Pleader is justified in making the submission that this Writ Petition is premature. Accordingly, it is closed. It is made clear that it will be open to the petitioner to challenge the proceedings in case he is aggrieved by the land acquisition proceedings for the aforesaid purpose as and when it is initiated, in accordance with law. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.37619/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.37619/2010 4