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2019 Supreme(Online)(KER) 11425

HIGH COURT OF KERALA
R RAKESH – Appellant
Versus
STATE OF KERALA – Respondent


The writ petition was filed in the year 2013 seeking

following reliefs:

a.

to issue writ of mandamus or order or direction or any

other appropriate writ directing the respondents not to

proceed against the property of the petitioner without

adverting to the provisions of the Kerala Land

Conservancy Act or the Land Acquisition Act, 1894.

b.

Issue such other writ, order or direction is this Hon'ble

Court may deem fit and proper on the facts and

circumstances of the case and in the interest of justice.

2.

In this matter, Additional 4th respondent, the

Project Director & General Manager of PIU-Palakkad, go

impleaded. It is stated in the counter filed by the 4th

respondent that a portion of the building belonged to the

petitioner has been encroached into the National Highway

land. Therefore, it is clear that Land Conservancy Act could

not apply in this matter. The 4th respondent alone is

competent to take action under Section 26 of the Control of

National Highways (Land and Traffic) Act, 2002.

3

In the said circumstances, the writ petition is disposed

of with the following directions:

No proceedings under the Land Conservancy Act shall

be taken against the

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