LAWS(KER)-2020-8-119

VARGHESE C.P. Vs. DISTRICT COLLECTOR, THRISSUR DISTRICT

Decided On August 10, 2020
Varghese C.P. Appellant
V/S
District Collector, Thrissur District Respondents

JUDGEMENT

(1.) The petitioners contend that they have properties on the eastern side of the Thrissur-Mannamangalam PWD road. According to the petitioners, a large extent of PWD purampoke land is situated on the western side of the said road and they were under the impression that, for the purpose of road widening, the puramboke land on the western side of the road would be utilised. When attempts were made to acquire property from the eastern side, they have approached this Court and this Court, by Ext.P4 judgment, had directed the 1st respondent to take a decision. In terms of the directions issued by this Court, the 1st respondent, after hearing the petitioners as well as the concerned respondents, has rejected the request of the petitioners and refused to change the alignment of the road. According to the petitioners, the findings and conclusions cannot be sustained. Challenging the same, the 1st petitioner has preferred Ext.P6 representation before the 4th respondent. It is in the above context, the petitioners have approached this Court seeking the following reliefs:

(2.) When this writ petition was taken up, Sri.K.I.Sageer Ibrahim submitted that Ext.P5 order has been passed without taking note of the facts. His prayer at the time of hearing is to direct the 4th respondent to consider Ext.P6 representation and pass appropriate orders.

(3.) The learned Government Pleader on instructions submitted that the alignment was fixed by an expert body headed by the Chief Engineer taking note of all relevant aspects and the same cannot be changed to benefit the petitioners. It is contended that larger public interest is involved and hence, no interference is warranted.