IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
K.P. MURALEEDHARAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petition seeks exemption from prior permission for land acquisition. (Para 1) |
| 2. details of land required for the municipal approach road. (Para 2) |
| 3. court's assessment of procedural mandates for land acquisition. (Para 3 , 4) |
| 4. legal principles guiding the municipality's land acquisition without prior approval. (Para 5) |
JUDGMENT
The above writ petition is filed with following prayers : (i) declare that the 3rd respondent Municipality need not seek prior permission as sought for in Ext. P7 for acquiring the land comprised in Re-Sy. No. 242/14 of Neduva Village for the construction of approach road to railway underpass at Puthenpeedika in view of the dictum laid down in 2018 (1) KHC 551 (Mammu. V. vs Ramanattukara Municipality and others);
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to proceed with the acquisition of land as sought for in Ext. P7 in accordance with the mandate of Rule 3 of the Kerala Municipality (Acquisition and Disposal of Property) Rules , 2000 and the dictum laid down in Mammu. V. vs Ramanattukara Municipality and others ( 2018 (1) KHC 551 );
(iii) direct the 3rd respondent to proceed w
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