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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