Navya Grace vs the State of Kerala

Navya Grace vs The State of Kerala

Type Court Judgment Court Kerala Decided Apr 01, 2025

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https://sooperkanoon.com/case/1278298

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Citation: sooperkanoon.com/1278298
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Apr 01, 2025
Case Number: WP(C)/8932/2025
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Navya Grace

Respondent

The State of Kerala

Excerpt

.....in kathrikadavu desam, elamkulam village, ernakulam district. their properties are situated near the pullepadi railway bridge and the southern edge of the thammanam-pullepadi road project. even though theproject was initiated about 30 years back, the same has not materialised till date. now a revised alignment is proposed, which would diminish the utility of the petitioners' property. therefore, they have submitted ext.p1 representation before the 3rd respondent on 3.1.2025, but, no action has been taken on the same. hence, the writ petition.3. heard; the learned counsel for the petitioners and the learned senior government pleader appearing for the respondents.4. on a consideration of the facts and the w.p (c) no.8932 of 2025 4 2025:ker:27639 materials on record,without expressing anything on the merits of ext.p1 representation, i deem it appropriate to direct the 3rd respondent to dispose of ext.p1 expeditiously. in the said circumstances, i dispose of the writpetition by directing the 3rd respondent to consider and dispose of ext.p1 representation, in accordance with law, and as expeditiously as possible, at any rate, within ninety days from the date of production of a copy of this judgment, after affording one among the petitioners an opportunity of being heard. the writ petition is ordered accordingly. sd/- c.s.dias ma/01.04.2025 judge w.p (c) no.8932 of 2025 5 2025:ker:27639 appendix of wp(c) 8932/2025 petitioner exhibits exhibit p1 true copy of the representation to the 3rd respondent dated 03.01.2025

Full Judgment

W.P (C) No.8932 of 2025 1 2025:KER:27639
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 8932 OF 2025 PETITIONERS: 1 NAVYA GRACE AGED 37 YEARS D/O FRANCIS, THOTTAPPILLY HOUSE KATHRIKKADAVU, 2 DIVYA ROSELIN AGED 39 YEARS D/O FRANCIS, THOTTAPPILLY HOUSE KATHRIKKADAVU, 3 PUSHPI FRANCIS AGED 65 YEARS W/O FRANCIS, THOTTAPPILLY HOUSE KATHRIKKADAVU, 4 MARY MERCY AGED 75 YEARS W/O PA CLEMENT PUTHENVEEDU HOUSE KATHRIKKADAVU, BY ADV SHIJU VARGHESE (ERNAKULAM) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 PUBLIC WORKS DEPARTMENT ANNEXE- 2 SECRETARIAT THIRUVANANTHAPURAM- REPRESENTED BY THE SECRETARY, PIN - 695001 W.P (C) No.8932 of 2025 2 2025:KER:27639 3 THE EXECUTIVE ENGINEER PWD-KRFB PMU DIVISION ERNAKULAM., 2ND FLOOR, PWD BUILDING DIVISION, MAMANGALAM, ERNAKULAM, PIN - BY GOVT.PLEADER SRI.B.S.SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.8932 of 2025 3 2025:KER:27639

JUDGMENT

The writ petition is filed, inter alia, to direct the 3rd respondent to consider and dispose of Ext.P1 representation, expeditiously.

2. The petitioners are the residents in Kathrikadavu Desam, Elamkulam Village, Ernakulam District. Their properties are situated near the Pullepadi Railway Bridge and the southern edge of the Thammanam-Pullepadi Road Project. Even though the

project was initiated about 30 years back, the same has not materialised till date. Now a revised alignment is proposed, which would diminish the utility of the petitioners' property. Therefore, they have submitted Ext.P1 representation before the 3rd respondent on 3.1.2025, but, no action has been taken on the same. Hence, the writ petition.

3. Heard; the learned counsel for the petitioners and the learned Senior Government Pleader appearing for the respondents.

4. On a consideration of the facts and the W.P (C) No.8932 of 2025 4 2025:KER:27639 materials on record,without expressing anything on the merits of Ext.P1 representation, I deem it appropriate to direct the 3rd respondent to dispose of Ext.P1 expeditiously. In the said circumstances, I dispose of the writ

petition by directing the 3rd respondent to consider and dispose of Ext.P1 representation, in accordance with law, and as expeditiously as possible, at any rate, within ninety days from the date of production of a copy of this judgment, after affording one among the petitioners an opportunity of being heard. The writ petition is ordered accordingly. Sd/- C.S.DIAS ma/01.04.2025 JUDGE W.P (C) No.8932 of 2025 5 2025:KER:27639 APPENDIX OF WP(C) 8932/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 03.01.2025

Same Court & Year Kerala · 2025 Same Parties Navya Grace vs The State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice C.S.Dias