KUTTAPPAN, Vs. THE CHIEF SECRETARY AND ORS.

JUDGEMENT

(1.) CHALLENGE in this writ petition is against Ext.P2. A direction to the respondents not to enter the petitioners' property without formal notice is also sought.

(2.) ACCORDING to the petitioner's, without giving notices, survey stones have been planted deep inside their properties. It is stated that this has been done mala fide by the 3rd respondent. Further contention is that although only 5 meters property alone is required to be acquired for widening railway lines, survey stones have been planted 25 meters inside the property.

(3.) ACCORDING to the Government Pleader Ext.P1 notification was published in the gazette on 26.2.2009, in the Deshabhimani daily on 25.4.2009 and also in Malayala Manorama on 26.4.2009. Therefore there is compliance with Section 6(1) of the Survey and Boundaries Act 1960. Standing Counsel for the Railway also informs that the land in question has been identified for widening the railway lines and that it was in pursuance to the aforesaid decision Ext.P1 notification was published. Therefore, non compliance of Section 6 of the Act cannot be alleged.