Kerala High Court
Molly Sebastian vs State Of Kerala on 29 October, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 23174 OF 2021
PETITIONERS:
1 MOLLY SEBASTIAN, AGED 58 YEARS,
W/O. SEBASTIAN, SASSERIL HOUSE, ANGADIKADAV (P.O),
KANNUR DISTRICT, PIN 670 706.
2 JOSEPH ISSAC, AGED 53 YEARS,
S/O. ISSAC, ILLIKKAL HOUSE, ANGADIKADAV (P.O),
KANNUR DISTRICT, PIN 670 706.
3 RANJU JOSEPH, AGED 34 YEARS,
S/O. JOSEPH, NADAYATH HOUSE, ANGADIKADAV (P.O),
KANNUR DISTRICT, PIN - 670 706.
4 CHERIYAN U.M, AGED 66 YEARS,
S/O. MATHEW, UZHATHUAL HOUSE, ANGADIKADAV (P.O),
KANNUR DISTRICT, PIN - 670 706.
5 JOSE MATHEW, S/O. MATHEW, UZHATHUAL HOUSE,
ANGADIKADAV P.O, KANNUR DISTRICT, PIN 670 706.
BY ADV K.PRAVEEN KUMAR
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, KANNUR-670 002.
3 TAHSILDAR, IRITTY TALUK, IRITTY, KANNUR (DT),
PIN - 670 703.
4 KERALA STATE TRANSPORT PROJECT (KSTP),
PROJECT MANAGEMENT TEAM, T.C-11/339,
SREE BALA BUILDING, KESTON ROAD, NANTHANCODE,
KOWDIAR (P.O), THIRUVANANTHAPURAM-695 010,
REPRESENTED BY ITS SUPERINTENDING ENGINEER.
WP(C) NO. 23174 OF 2021
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5 THE EXECUTIVE ENGINEER,
KSTP PWD ROADS SECTION,
BURNASSERY KANNUR-670 013.
6 THE SUPERINTENDENT OF POLICE,
KANNUR-670 002.
BY ADV.SRI.ASHWIN SETHUMADHAVAN- SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23174 OF 2021
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JUDGMENT
The petitioners have approached this Court with an allegation that steps are being taken by the official respondents to forcibly dispossess them from their property, without taking recourse under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. However, the learned Senior Government Pleader - Sri.Ashwin Sethumadhavan, unequivocally submitted that since the property of the petitioners is not required for the project, it will not be taken possession of, nor the petitioners dispossessed therefrom, in any manner whatsoever. He, however, prayed that this Court may reserve liberty to the competent Authorities to take necessary action for acquisition, if it is so found necessary in future, following applicable law.
Taking note of the afore submissions and recording the same, I order this writ petition; WP(C) NO. 23174 OF 2021 -4- however, leaving liberty to the competent Authority to acquire the lands of the petitioners in future, if it is so warranted, but only after implicitly following the provisions of the applicable Laws and Regulations.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 23174 OF 2021 -5- APPENDIX OF WP(C) 23174/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PROJECT DETAILS ISSUED IN THE REVIEW MEETING DATED 17.7.21 CONDUCTED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED UNDER RIGHT TO INFORMATION ACT BY SRI. PHILIP C.M. BEFORE THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE INFORMATION ISSUED BY THE 4TH RESPONDENT AGAINST EXT. P2, DATED 23.1.2021.
EXHIBIT P4 TRUE COPY OF THE G.O.P NO. 124/2016, DATED 29.08.2016.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.C NO. 18827/2021 FILED BY SRI. PHILIP C.M. AND OTHERS.
EXHIBIT P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN W.P.C NO. 18827/2021. EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 17.12.18 IN W.P.C NO. 31203/18. EXHIBIT P8 TRUE COPY OF THE DECISION REPORTED IN 2020 (4) SCC 572.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE