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2022 Supreme(Online)(Ker) 72971

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANRHAPURAM – Appellant
Versus
BINU SEBASTIAN, SUNIL K.M., P.E. THOMAS, MADHU J. THEKKANATTU, UNION OF INDIA, KERALA RAIL DEVELOPMENT CORPORATION LIMITED, THE RAILWAY BOARD – Respondent


Advocates:
For the Appellants/Petitioners: K. GOPALAKRISHNA KURUP, T.B.HOOD, V.MANU, S.RAMESH BABU, A.DINESH RAO
For the Respondents: BABU JOSEPH KURUVATHAZHA, S. MANU, C. DINESH, A.K.PREETHA, O.V. MANIPRASAD, S. RAMESH BABU

JUDGMENT

S. Manikumar, CJ

Instant writ appeals are filed against the interim order dated20.01.2022 passed in W.P.(C) Nos. 30567/2021, 351/2022, 975/2022, and W.P.(C) No. 1574/2022, by which the writ court directed that steps for survey of the properties belonging to the writ petitioners/party respondents herein shall stand deferred until the matters are considered again on 7.2.2022.

2. It was also ordered that all other earlier interim orders issued in the writ petitions will continue to be in operation and further that every step, as is legally permissible under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , (hereinafter called LARR Act 2013) can certainly be continued by the competent Authorities, scrupulously complying with the statutory prescriptions, and that the afore directions will not stop them from doing so.

3. By the impugned interim order, the learned single Judge has kept in abeyance the proceedings initiated by the appellants to survey the properties of the writ petitioners, invoking the powers conferred under the Kerala Survey and Boundaries Act, 1961 , in order to undertake the Social Impact Assessment S

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