SAHIRA SPECIAL Vs. TAHSILDAR

JUDGEMENT

(1.) The appeal is filed by the petitioners in W. P. (C) No. 3320 of 2022 challenging the judgment of the learned Single Judge dtd. 1/4/2022 whereby the reliefs sought for by the appellants to interfere with a land acquisition proceedings was declined.

(2.) Brief material facts for the disposal of the writ appeal are as follows:-

(3.) Appellants are owners of an extent of 1.75 ares of property in Resurvey No. 159/10 of Nellikode Village, Kozhikode Taluk. The said property is sought to be acquired allegedly for the purpose of widening a road leading to a private temple by name Ponnankode Kunnil Sree Thrikkaipetta Maha Kshetram. The appellants have earlier approached this Court challenging the proceedings by filing W. P. (C) No. 28125 of 2020. In the said case, the contention advanced by the appellants was that a major portion of the property was acquired by the Government for the formation of Cyber Park while the property was in the possession of the predecessor-in-interest of the appellants. According to the appellants, in the acquisition proceedings, it was made clear that the acquisition was made for the purpose of formation of a 30 meter road as an access to the Cyber Park; however the public will also be permitted to use the proposed road.