IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 36178 of 2007(I) -------------------------- PETITIONER: ------------ ALIAS CHACKO, THAYYANICKAL HOUSE, KUNNAPILLI, PERUVA P.O., MULAKKULAM VILLAGE, VAIKOM TALUK,KOTTAYAM DISTRICT BY ADV. SRI.P.GEORGE VARGHESE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM. 2. THE EXECUTIVE ENGINEER, M.V.I.P. DIVISION 4, PIRAVOM. 3. THE SPECIAL TAHSILDAR, M.V.I.P., KURUPPAMTHARA, KOTTAYAM DISTRICT. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 36178/07) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE TAX RECEIPT DATED 5.9.07. EXT.P2: TRUE COPY OF REPRESENTATION DATED 1.2.2006. EXT.P3: TRUE COPY OF THE SURVEY PLAN OF THE M.V.I.P. CANAL THROUGH THE PETITIONER'S PROPERTY. EXT.P4: TRUE COPY OF REPRESENTATION DATED 2.11.2007 BEFORE THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF NOTICE ISSUED UNDER SECTION 3 OF LAND ACQUISITION ACT DATED 29.10.07. EXT.P6: TRUE COPY OF REPRESENTATION DATED 29.11.07 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS EXTS. (2ND RESPONDENT): ANNEXURE A: TRUE COPY OF THE ORIGINAL ALIGNMENT OF THE CANAL THROUGH THE PETITIONER'S PROPERTY. ANNEXURE B: TRUE COPY OF THE ALIGNMENT SUGGESTED BY THE PETITIONER. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36178 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th May, 2008 JUDGMENT Certain extent of properties belonging to the petitioner was taken from his possession for the purpose of the M.V.I.P.Canal. According to the petitioner, the alignment for the proposed canal was fixed by the authorities without conducting a proper survey and if that alignment is accepted, considerable hardship will be occasioned to the petitioner. The petitioner therefore through Exts.P2, P4 and P6 representations prayed for a shifting of the original alignment to another alignment suggested by him. 2. The Assistant Engineer concerned has filed a detailed statement. Along with that statement, he has produced true copies of the original alignment of the canal through the petitioner's property as Annexure A. It is stated on the basis of Annexure A that originally the proposal was to acquire that portion of the petitioner's property shown as plot A B C D E. But as requested by the petitioner the west corner portion shown shaded was also included in the alignment. The petitioner's request is that instead of the alignment which is proposed as per Annexure A, a fresh alignment be adopted. In the statement it is contended that this request is not grantable. However, it is stated W.P.C.No.36178/07 - 2 - that for the formation of the canal, the land shown shaded in Annexure A is not at all necessary and the same was taken only at the instance of the petitioner and therefore the excess land already taken can be reconveyed back to the petitioner as per the prevailing rules. 3. Heard both sides. I am of the view that fixation of the alignment for a proposed canal is a matter coming exclusively within the domain of the technical authorities of the Government. The Government has given good reasons for declining the petitioner's request for shifting the alignment since it is seen that if the route proposed by the petitioner is adopted, it will become necessary to acquire residential building belonging to others. Under these circumstances, I am of the view that the petitioner's insistence that the alignment should be the way as he has suggested is not justified. 4. I dispose of the Writ Petition directing the petitioner to apply to the respondents as per rules if he desirous of getting the shaded portion in Annexure A reconveyed. If such a representation is filed, the same will be disposed of in the light of the offer made in the statement dated 27.2.2008 filed by the 2nd respondent at the earliest. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No.36178/07 - 3 -