THRESYAMMA JOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are residents/owners of land adjacent to Alappuzha-Ernakulam Railway line in Kanichukulangara and SN Puram in Cherthala Taluk. They have filed this writ petition seeking to direct respondents 1 and 2 to disburse the amount of compensation as fixed by the 3rd respondent in Ext.P2 Valuation Certificates with 12% interest.

(2.) The petitioners state that the Assistant Divisional Engineer of Southern Railway, Kollam issued notice to the petitioners to cut and remove certain trees situated in their land which were leaning over the railway line. The list of trees to be cut and removed were mentioned in the notice. The petitioners were cautioned that unless the trees are cut and removed within ten days, the trees will be cut at government expense and damages will be recovered from the land owners. It was also stated that if any trees mentioned in the notice falls down on the railway line and cause interruption to the train services, the loss sustained will be recovered from the owners without any legal proceedings.

(3.) The petitioners state that pursuant to Exts.P1(1) to P1(7) notices, the petitioners themselves cut and removed the trees. The petitioners obtained Valuation Certificates from the Additional Tahsildar fixing the value of the trees cut. The Valuation Certificates were issued in the year 2011 and were addressed to the Assistant Divisional Engineer, Southern Railway. The Sec. Engineer prepared Site Verification Report and forwarded to the Assistant Divisional Engineer in 2011 itself. The compensation amount payable to the petitioners are not paid so far.