JUDGMENT

The prayer in the writ petition is for a direction to respondents not to enter upon or proceed with any action in respect of property remaining with petitioner after acquisition of 1.55 ares from out of the 30.60 ares in Block No.2 of Re-Sy.No.496/11 of Kumarapuram Village, Karthikapally Taluk, Alleppy District covered by Exts.P1 to P3 documents. A counter affidavit has been filed by the 4th respondent.

Paragraph 7 of the counter affidavit is as follows:

“In this regard it may be submitted that after issuing the amount to the petitioners Bank account, the connected file along with the original title deed and other records was returned to the special Tahsildar. LA unit at Harippad on 30.07.2022 for onward transmission of documents to the land owner. The Special Tahsildar, LA units at Harippad has also informed the matter to the petitioner over phone to collect the records from that office and the same was collected by the petitioner. It is further submitted that on subsequent field verification in the aligned area it was found that the area to be acquired is erroneously calculated as 0.0155 Hectares, but actually the demarcated area as per the alignment is coming to about 0.0755 Hectares instead of 0.0155 Hectares. Hence steps taken to publish the notice for acquiring the remaining portion. Acquisition of an extent of 0.0600 Hectares of land is highly essential as no alignment change can be done for exempting the land owned by the St.James UP School. The remaining land will be taken only after complying the statutory procedures of the NH Act, 1956. The anxiety of the petitioner arised on the misunderstanding that the authorities will acquire land without following the statutory procedures of the NH Act'.

In view of the submission that the remaining land will be taken only after complying with the statutory procedures in the National Highways Act, 1956, this writ petition is disposed of recording the above submission and with an observation that as far as possible possession regarding the additional area may be taken after the end of the academic year since it is a functioning school.

Sd/-

T.R.RAVI JUDGE

LEK

APPENDIX OF WP(C) 31636/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE DEED NO.3505/1964 OF HARIPAD SRO.

Exhibit P2 TRUE COPY OF BASIC TAX RECEIPT DATED

20.05.2022 ISSUED BY VILLAGE OFFICE KUMARAPURAM.

Exhibit P3 TRUE COPY OF POSSESSION CERTIFICATE DATED

25.05.2022 ISSUED BY VILLAGE OFFICE, KUMARAPURAM.

Exhibit P4 TRUE COPY OF CLAIM STATEMENT DATED

02.05.2019 SUBMITTED BY PETITIONER.

Exhibit P5 TRUE COPY OF PROCEEDINGS DATED 11.07.2022 ISSUED BY 4TH RESPONDENT.