Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941 WP(C).No.7559 of 2019 PETITIONERS: 1 SIMPLE GEORGE AGED 41 YEARS W/O.GEORGE KURUVILLA, PADAVIL HOUSE, THUDANGANADU P.O 2 JOSE MICHAL AGED 58 YEARS S/O. P.M.MICHAL, POOVATHINKAL HOUSE, THUDANGANADU P.O 3 MATHAI MICHAL S/O.MICHAL, AGED 85 YEARS, 4 ANIYAMMA JOSE AGED 56 YEARS W/O. JOSE MICHAL, BY ADV. SRI.P.T.SHEEJISH RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DISTRICT COLLECTOR IDUKKI, CIVIL STATION, PAINAVU, IDUKKI DISTRICT-685 603 W.P.(C) No.7559/2019 2 3 THE SPECIAL TAHASILDAR (LA) THODUPUZHA-685 581 4 KERALA STATE INDUSTRIAL INFRASTRUCTURE DEVELOPMENT COPORATION LTD. T.C.3/2312, KINFRA HOUSE, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010 5 THE SPICES BOARD SUGANDHA BHAVAN, NATIONAL HIGHWAY 47, PALARIVATTOM, EDAPPALLY, REPRESENTED BY ITS CHAIRMAN, PIN 682 021. BY ADVS. SMT.K.RADHAMANI AMMA ANTONY MUKKATH, SC, SPICES BOARD, INDIA GOVERNMENT PLEADER SRI.T.RAGHUNATH NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.7559/2019 3
JUDGMENT
This Writ Petition is filed on account of the undue delay in completing proceedings of the acquisition of land in respect of the petitioners' property. As seen from the pleadings, notification was issued as early as on 29.9.2009 for establishing Spices Park by the Kerala Industrial Infrastructure Development Corporation and Spices Board. On account of these proceedings, the petitioners are unable to enjoy their property.
2. The counter affidavit filed in this matter shows that the
respondents are proceeding with the land acquisition. The holders of the land would be denied to enjoy their property on account of pending land acquisition proceedings. In such circumstances, it is appropriate proceedings are concluded in a time bound manner. Accordingly, the respondents are directed to conclude the entire proceedings within a period of three months. The Writ Petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE csl W.P.(C) No.7559/2019 4 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 TRUE COPY OF LETTER DATED 08.11.2013 EXHIBIT P2 TRUE COPY OF MINUTES OF THE MEETING DATED 19.02.2015. EXHIBIT P3 TRUE COPY OF LETTER DATED 28.05.2015 ISSUED BY THE OFFICE OF THE ADVOCATE GENERAL, ERNAKULAM ADDRESSED TO 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF LETTER DATED 22.02.2018 OF THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF LETTER DATED 31.03.2018