JUDGMENT

The petitioner who is running a business under the name and style `S.S. Enterprises' in Thakaraparambu road at Melepazhavangadi in Thiruvananthapuram filed this writ petition mainly with the prayer to issue a writ of mandamus commanding the respondents to allot the 1st bunk shop room provided at the entrance of the Thakaparambu road facing the Thampanoor - Melepazhavangadi road to the petitioner herein, constructed for temporary rehabilitation taking into account the position of his shop in the present premises which is under acquisition. The petitioner also contended that the shop room presently occupied by him would not in any way affect the construction of a flyover at Thakaraparambu across M.G. Road under the City Road Improvement Project since the flyover is to pass above the said shop room at a height of nearly 50 metres. In short, according to the petitioner, in the said circumstances, there is absolutely no need to acquire that part of the building which is notified for acquisition for the aforesaid purpose and presently in occupation of the petitioner. The petitioner is challenging the action on the part of the respondents in going on with the construction without