IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 5024 OF 2014 PETITIONER:

MOLAMMA THOMAS W/O.K.V. THOMAS, KIZHAKKEKARA KAITHOLIL, KANATTUPARA, PALA.

BY ADV SRI.C.S.SUNIL RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2 SPECIAL SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

3 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), MUSEUM P.O., THIRUVANANTHAPURAM.

4 DISTRICT COLLECTOR KOTTAYAM.

5 SPECIAL TAHSILDAR LA (GENERAL)

PALA.

6 DIRECTOR NATIONAL TRANSPORTATION PLANNING AND RESEARCH CENTRE (NATPAC), SASTHRA BHAVAN, PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.

7 ASSISTANT ENGINEER P W D ROADS, PALA, ARUNAPURAM P.O.

BY ADV.

SRI BS SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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W.P.(C)No.5024 of 2014 -------------------------------------

Dated this the 11^th day of January, 2024

JUDGMENT

The above writ petition is filed with the following prayers:

“(a) Issue a writ of Certiorari or any other appropriate writ order or direction calling for the records leading to Exhibit P2 and P2(a) and quash the same;

(b) Declare that proceedings pursuant to issuance of Exhibit P2 and P2(a) are lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and whatever proceedings initiated pursuant to Exhibit P2 and P2(a) are a nullity.

(c) Declare that survey of the petitioner's property and laying of survey stones in the property of the petitioner is illegal and hence the same is a nullity and direct the 7th respondent to remove the survey stones put in the property of the petitioner.

(d) Issue a writ of Mandamus or any other appropriate writ order or direction commanding the 1st respondent to hold a high level enquiry in to the disbursement and spending of Rs.34.31 Lakhs released to the 6th respondent as per Exhibit P3 order.

(e) Grant such other and further reliefs, which this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.”[SIC]

2. When this writ petition came up for consideration on 03.03.2014, this Court passed the following order;

“Admit. Learned Govt. Pleader takes notice for the respondents. The learned Govt. Pleader submitted that further proceedings in relation to land belongings to the petitioner will be taken only after considering the objections raised by the petitioner and after affording him an opportunity of being heard. The aforesaid submission is recorded.

Post after a month. Respondents to file counter afÏdavit, if any, in the meanwhile.”

In the light of the above order, no further order is necessary in this case.

Recording the order dated 03.03.2014, this writ petition is disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nvj APPENDIX OF WP(C) 5024/2014 PETITIONER EXHIBITS EXHIBIT-P1-TRUE COPY OF THE SALE DEED NO. 3541/2005 REGISTERED AT THE SUB REGISTRAR OFIFICE, MEENACHIL.

EXHIBIT-P2-TRUE COPY OF THE GAZETTE NOTIFICATION IN KERALA GAZETTE EXTRA ORDINARY VOLUME 1 NO. 1179 DATED 15/11/2012.

EXHIBIT-P2(A)-TRUE COPY OF THE GAZETTE NOTIFICATION IN KERALA GAZETTE EXTRA ORDINARY VOLUME 1 NO. 1180 DATED 15/11/2012.

EXHIBIT-P3-TRUE COPY OF G.O(RT) 2048/112/PWD DATED

07/12/2012.

EXHIBIT-P4-TRUE COPY OF THE NOTIFICATION DATED 15/02/2013 UNDER THE RIGHHT TO INFORMATION ACT, 2005 BEFORE THE 6TH RESPONDENT AND THE DETAILS FURNISHED BY THE 6TH RESPONDENT.

EXHIBIT-P5-TRUE COPY OF THE APPLICATION DATED 19/11/2013 UNDER THE RIGHT TO INFORMATION ACT AND THE DETAILS FURNISHED BY THE 3RD RESPONDENT.

EXHIBIT-P6-TRUE COPY OF THE APPLICATION DATED 30/11/2013 UNDER THE RIGHT TO INFORMATION ACT, AND THE DETAILS FURNISHED BY THE 7TH RESPONDENT.

EXHIBIT-P7-TRUE COPY OF THE REPRESENTATION DATED

30/12/2