MOHAMMED KUNHI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Original Petition, petitioners pray for issue of a writ of certiorari, or other appropriate writ, direction or order, calling for the records leading to Ext. P20 declaration issued by 6th respondent and for some other incidental reliefs.

(2.) Petitioners are three coowners of 54 1/2 cents of land comprised in R.S. 16/2 and 16/3B of Sreekantapuram Village in Taliparamba Taluk.

(3.) It is the petitioners' case that after the execution of the agreement of sale, petitioners entered into the property and put up basement for the construction of a shopping complex. According to petitioners, the property was situated in the heart of Sreekantapuram Town and was purchased by petitioners for putting up a three storied building for housing the shopping complex and the construction of the ground floor of the building was completed in July, 1988. It was further averred that they came to know that there was some attempt on the part of 3rd respondent to acquire the above said land. Petitioners filed Ext. P2 representation requesting to exempt the land from acquisition. Petitioners also filed another representation before the 3rd respondent, the Telecom District Engineer, Cannanore for the same purpose highlighting their objection to the proposed acquisition. It was pointed out in the above representations that suitable alternate sites are available in the locality for consideration at the rate of less than Rs.1,000/- per cent. Ext. P3 is the said representation. Petitioners thereafter received Ext. P4 communication from 3rd respondent, requesting petitioners not to press the Department for exemption of land from being acquired.