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2015 Supreme(Ker) 795

K.VINOD CHANDRAN
LEELA ANTONY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. S.V. Balakrishna Iyer, Senior Advocate and Sri. K.G. Pavithran, Advocate.
For the Respondent: Sri. Manoj P. Kunjachan, Government Pleader and Sri. Jayapradeep, Central Government Counsel.

JUDGMENT

K. VINOD CHANDRAN, J.

1. The petitioners in the above writ petition challenge the attempted action of the 2nd respondent, to take over certain properties of the petitioners, for the widening of the road. The petitioners together had 4 cents of land, comprised in Survey No. 1012/6A/1 of Kothamangalam Village and certain shop rooms thereon. The title of the petitioners is asserted by two sale deeds.

2. The essential contention of the petitioners before this Court was that the attempt of the 2nd respondent is to grab their lands for the widening of National Highway 49 (for brevity "NH 49") on the ground that it is puramboke land; when the 2nd respondent could as well take acquisition proceedings and pay compensation to the land owners. When initially the attempt was made, the petitioners were before this Court with O.P. No. 1780 of 2003, which was disposed of by Exhibit P1 judgment. Exhibit P1 directed a proper application to be made before the 3rd respondent to demarcate the land and the same was directed to be done by the said respondent within one month. The 3rd respondent therein, the Survey Superintendent, is the 3rd respondent here also.

3. Alleging non-compliance of the









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