Kerala High Court
S.Manimekhala vs The State Of Kerala on 7 February, 2019
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940
WP(C).No. 3682 of 2019
PETITIONER:
S.MANIMEKHALA,
AGED 61 YEARS
W/O.ACHUTHAN NAIR, SREERAGAM, TKRA NO.1, GOWRI NAGAR,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11.
BY ADV. SRI.P.S.SYAMKUTTAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2 DISTRICT COLLECTOR,
COLLECTORATE, THIRUVANANTHAPURAM- 695 043.
3 DEPUTY COLLECTOR (LA),
COLLECTORATE, THIRUVANANTHAPURAM- 695 043.
4 HINDUSTAN LATEX LIFE CARE LIMITED,
CORPORATE HEAD OFFICE, POOJAPPURA,
THIRUVANANTHAPURAM- 695 012,
REPRESENTED BY ITS AUTHORIZED OFFICER.
BY SR. GOVT. PLEADER SRI.ARAVINDAKUMAR BABU
BY ADV.SMT.P.VIJAYAMMA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3682 of 2019
2
JUDGMENT
Hrishikesh Roy, C.J.
Heard the learned counsel Sri.P.S.Syamkuttan appearing for the petitioner. Also heard the learned Senior Government Pleader Sri.Aravindakumar Babu appearing for the respondents.
2. This case relates to the interim order dated 24.1.2019 (Ext.P10), of the Kerala Lok Ayukta in the I.A.No.65 of 2019 filed by the petitioner. After due consideration of the fact that the petitioner/complainant wanted stalling of the ongoing construction of a Government office i.e. the Village Office, Nemom, the Lok Ayukta observed that this is beyond the complaint filed by the petitioner. Accordingly, the application was posted for the counter affidavit and the ongoing construction was made subject to the final outcome of the Complaint No.1279/2015-D and the matter was next posted to 12.2.2019.
3. We have noticed that the land where the Village Office building is being constructed, was acquired in the year 2013 itself. The statement submitted by the District Collector (Ext.P3) in the proceedings before the Lok Ayukta is also perused by us, which clearly justifies the choice of location of the building, to house the Nemom Village Office.
4. Taking these circumstances into account and particularly the fact that the Lok Ayukta had posted the case for further consideration on 12.2.2019, we are not inclined to entertain the Writ Petition and the same is accordingly dismissed.
Sd/-
Hrishikesh Roy, Chief Justice Sd/-
A.K.Jayasankaran Nambiar, Judge vpv WP(C).No. 3682 of 2019 3 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, NEMOM VILLAGE, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 19.12.2013 ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT, 1984 ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE STATEMENT IN I.A.NO.1673/2015 FILED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 07.12.2015 IN COMPLAINT NO.1279/2015D OF THE KERALA LOK AYUKTA.
EXHIBIT P5 TRUE COPY OF THE PROPOSAL DATED 22.06.2018 SUBMITTED BY KERALA ELECTRICAL AND ALLIED ENGINEERING CO.LTD. BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.D6-2393/2018 DATED 16.07.2018 OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P7 TRUE COPY OF THE G.O(RT)NO.2239/2018/REV. DATED 14.06.2018, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION NO.F5-39030/18 DATED 15.10.2018 ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM TALUK TO THE VILLAGE OFFICER, NEMOM VILLAGE, ALONG WITH ENGLISH TRANSLATION. EXHIBIT P9 TRUE COPY OF THE I.A.NO.65/2019 IN COMPLAINT NO.1279/2015D ON THE FILES OF THE KERALA LOK AYUKTA WITHOUT ITS EXHIBITS, ALONG WITH ENGLISH TRANSLATION.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 24.01.2019 IN I.A.NO.65/2019 IN COMPLAINT NO.1279/2015D OF THE KERALA LOK AYUKTA.
/TRUE COPY/ P.A. TO JUDGE