Kerala High Court
Ouseph Thomas vs State Of Kerala on 23 December, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939
WP(C).No. 3134 of 2015
PETITIONERS:-
1 OUSEPH THOMAS, AGED 75 YEARS,
S/O.JOSEPH, SRAMBIKKAL HOSUE, PALA.
2 S.A.THOMAS, AGED 66 YEARS,
S/O.AVIRAH, SRAMBIKKAL HOUSE, PALA.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN
SRI.M.D.SASIKUMARAN
SRI.GEORGE MATHEW
SRI.SUNIL KUMAR A.G
SRI.DIPU JAMES
RESPONDENTS:-
1. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3. THE LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDINGS, OPPOSITE MUSEUM,
THIRUVANANTHAPURAM - 695 050.
4. THE DIRECTOR,
ROAD PROJECTS LAND ACQUISITION,
RAJDHANI COMPLEX, KILLIPALAM KARAMANA,
THIRUVANANTHAPURAM - 695 010.
5. THE DISTRICT COLLECTOR,
KOTTAYAM, CIVIL STATION, KOTTAYAM - 686 001.
6. THE SUB DIVISIONAL MAGISTRATE,
MINI CIVIL STATION, PALA - 686 575.
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WP(C).No. 3134 of 2015
7. THE CHIEF ENGINEER,
KERALA STATE TRANSPORT PROJECT (KSTP),
THIRUVANANTHAPURAM - 695 010.
8. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
KERALA STATE TRANSPORT PROJECT DIVISION (KSTP),
PONKUNNAM, KANJIRAPPILLY P.O. - 686 507.
9. SPECIAL TAHSILDAR,
LAND ACQUISITION (N.H.), PONKUNNAM - 686 506.
10. M.J.VARKEY, EX.M.P.,
MATTATHIL HOUSE, PALA-PONKUNNAM ROAD,
PALA - 686 575.
11. T.M.PAUL,
THEKKEDATH HOUSE, PALA-PONKUNNAM ROAD,
PALA - 686 575.
12. NARAYANANKUTTY,
VARIKKANIKKAL, PALA-PONKUNNAM ROAD,
PALA - 686 575.
13. SEBASTIAN CHANDY @ SIBY,
S/O.LATE K.M.CHANDY (EX-GOVERNOR),
KIZHAKKAYIL, PALA-PONKUNNAM ROAD,
PALA - 686 575.
14. O.J.KURUVILLA, AGED 75 YEARS,S/O.JOSEPH,
UPPUTTIL HOUSE, PALA P.O. - 686 575.
R1 TO R9 BY SR GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR
R10 TO R14 BY ADVS. SRI.B.KRISHNA MANI
SRI.JOSEPH T.JOHN
SRI.P.P.THAJUDEEN (ADVOCATE COMMISSIONER)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-02-2018, ALONG WITH WP(C).NO.4116 OF 2018,
THE COURT ON 01-03-2018 DELIVERED THE FOLLOWING:
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5/3/2018
WP(C).No. 3134 of 2015 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF NOTIFICATION IN MALAYALA MANORAMA DAILY
DATED 23.12.2004.
EXHIBIT P2. TRUE COPY OF REPRESENTATION 07.12.2004.
EXHIBIT P3. TRUE COPY OF LETTER DATED 02.05.2005.
EXHIBIT P4: TRUE COPY OF LETTER DATED 03.05.2005
EXHIBIT P5: TRUE COPY OF SKETCH SHOWING THE CHANGE
EXHIBIT P6: TRUE COPY OF ADDL. NOTIFICATION PUBLISHED IN MALAYALA
MANORAMA DATED 3.7.2005
EXHIBIT P7: TRUE COPY F THE JUDGMENT DATED 16.12.2012 IN
WPC NO.846 OF 2006
EXHIBIT P8: TRUE COPY OF JUDGMENT DATED 5.6.2012 IN WA NO.663 OF 2012
EXHIBIT P9: TRUE COPY OF OBJECTIONS SUBMITTED BY THE 1ST PETITIONER TO
THE 5TH RESPONDENT ON 3.7.2012
EXHIBIT P10: TRUE COPY OF OBJECTIONS SUBMITTED BY THE 2ND PETITIONER TO
THE 5TH RESPONDENT ON 3.7.2012
EXHIBIT P11: TRUE COPY FORWARDING NOTE DATED 30.5.2012 ALONG WITH THE
REPRESENTATION
EXHIBIT P12: TRUE COPY OF PROCEEDINGS AND THE REPORT SUBMITTED BY 9TH
RESPONDENT TO 5TH RESPONDENT ON 5.6.2013
EXHIBIT P13: TRUE COPY OF SKETCH APPENDED TO THE REPORT
EXHIBIT P14: TRUE COPY OF LETTER DATED 7.6.2012
EXHIBIT P15: TRUE COPY OF LETTER DATED 5.9.2012
EXHIBIT P16: TRUE COPY OF OBJECTIONS DATED 4.12.2012
EXHIBIT P17: TRUE COPY OF LETTER DATED 7.1.2013
EXHIBIT P18: TRUE COPY OF REPORT ALONG WITH FORWARDING LETTER
DATED 3.10.2013
EXHIBIT P19: TRUE COPY OF ORDER NO.C-2556/2013 DATED. 28.1.2014
ISSUED BY THE 6TH RESPONDENT
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WP(C).No. 3134 of 2015 (N)
EXHIBIT P20: TRUE COPY OF JUDGMENT DATED 23.5.2014 IN WPC NO.3433 OF 2014
EXHIBIT P21: TRUE COPY OF LETTER NO.G-14826/05 DATED. 1.9. 2014
EXHIBIT P22: TRUE COPY OF ORDER NO.LR (C) 3-7712/14 DATED 13.9.2014
EXHIBIT P23: TRUE COPY OF JUDGMENT DATED 31/10/2014 IN
WP(C).NO.27494 OF 2014.
EXHIBIT P24: TRUE COPY OF ORDER NO.LR(C)3-7712/2014 DATED 08/12/2014
EXHIBIT P25: TRUE COPY OF ORDER KEEPING THE PROCEEDINGS IN ABEYANCE
RECEIVED BY THE PETITIONER ON 21/08/2012
EXHIBIT P26: TRUE COPY OF LETTER NO.PNW/843/11 DATED 25/08/2014
EXHIBIT P27: TRUE COPY OF PHOTOGRAPH.
EXHIBIT P28: TRUE COPY OF THE LETTER DATED 05/4/2016
EXHIBIT P29: TRUE COPY OF PHOTOGRAPH.
RESPONDENT'S EXHIBITS:
EXHIBIT R8(a): TRUE COPY OF THE MAHAZAR PREPARED BY THE TAHSILDAR (LA),
PONKUNNAM.
EXHIBIT R8(b): TRUE COPY OF THE DECISION TAKEN BY THE PROJECT DIRECTOR,
KSTP
EXHIBIT R8(c): TRUE COPY OF THE RELEVANT PORTION OF THE CONTRACT.
EXHIBIT R13(a): TRUE COPY OF THE PHOTOGRAPH
EXHIBIT R13(b): TRUE COPY OF THE PHOTOGRAPH
EXHIBIT R13(c): TRUE COPY OF THE PHOTOGRAPH
EXHIBIT R13(d): TRUE COPY OF THE PHOTOGRAPH
EXHIBIT R13(e): TRUE COPY OF THE NEWS ITEM PUBLISHED IN NEWS PAPER DAILY
JANMABHOOMI DATED 4/11/2016.
ADVOCATE COMMISSIONER'S REPORT:
ANNEXURE 1: WARRANT APPOINTING ADVOCATE COMMISSIONER DATED 23/3/2015
ANNEXURE 2: WORK MEMO SUBMITTED BY THE COUNSEL FOR THE PETITIONERS
DATED 10/4/2015
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WP(C).No. 3134 of 2015 (N)
ANNEXURE 3: WORK MEMO SUBMITTED BY THE PARTY RESPONDENTS DATED
20/6/2015
ANNEXURE 4: WORK MEMO SUBMITTED BY THE COUNSEL FOR THE RESPONDENTS
DATED 4/7/2015
ANNEXURE 5: OBJECTION SUBMITTED BY THE RESPONDENTS DATED 6/6/2015
ANNEXURE 6: REPLY SUBMITTED BY THE EXECUTIVE ENGINEER ALONG WITH THE
COVERING LETTERS AND THE STRIP MAP.
ANNEXURE 7: REPORT FURNISHED BY THE SPECIAL TAHASILDAR, LAND
ACQUISITION(NH) PONKUNNAM DATED 18/6/2015
ANNEXURE 8: PETITION SUBMITTED BY THE PETITIONERS DATED 3/7/2015
ANNEXURE 9: COPY OF THE CERTIFICATE DATED 10/5/2015 ISSUED BY
MUNICIPAL COUNCILLOR.
ANNEXURE 10: COPY OF THE PETITION SUBMITTED BEFORE THE MUNICIPAL
SECRETARY DATED 25/8/2012
ANNEXURE 11: NOTICE ISSUED TO THE PARTIES DATED 7/4/2015
ANNEXURE 12: NOTICE ISSUED TO THE PARTIES DATED 11/6/2015
ANNEXURE 13: NOTICE ISSUED TO THE PARTIES DATED 26/5/2015
ANNEXURE 14: NOTICE ISSUED TO THE PARTIES DATED 30/6/2015
ANNEXURE 15: PHOTOGRAPHS
ANNEXURE 16: SKETCH PREPARED BY TALUK SURVEYOR DATED 24/7/2015
ANNEXURE 17(a) AND (b): SKETCHES PREPARED BY SRI.C.V.MATHEW, RETIRED HEAD
SURVEYOR ENGAGED BY THE PETITIONERS.
/TRUE COPY/
P.S.TO JUDGE
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SHAJI P. CHALY, J.
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W.P.(C) Nos.3134 of 2015 & 4116 of 2018
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Dated this the 1st day of March, 2018
JUDGMENT
The captioned writ petitions are inter-related and materially connected and filed by the very same petitioners, concerning the acquisition of properties for the construction/widening of a road. Therefore, I heard them together and propose to deliver a common judgment. For the disposal of the writ petition, the facts narrated in W.P.(C) No.3134 of 2015 are taken into account, which will guide the fate of the other writ petition.
2. W.P.(C) No.3134 of 2015 is filed by the petitioners seeking to quash Ext.P24 by which the request made by the petitioners to change the alignment of a highway, in order to protect the property, well and other allied structures of the petitioners, pursuant to the direction issued by this Court in Ext.P23 judgment dated 31.10.2014 was declined, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:
W.P.(C) Nos.3134/15 & 4116/18 2
3. Petitioners are owners in possession and enjoyment of properties situate in Survey Nos.159/20 and 159/31 of Meenachil Village, on the eastern side of Ponkunnam-Pala Road. The 1st respondent declared a project, namely, b