ALEX ITTICHERIA AND DAVID ITTICHERIA Vs. SUPERINTENDENTING ENGINEER

JUDGEMENT

(1.) THE petitioners who are siblings are holding properties abutting MC Road at Muvattupuzha. The first petitioner is a Doctor and he is running a hospital by name Vallakkalil Hospital in Muvattupuzha town. The second petitioner is conducting a shopping complex adjoining the said hospital building. In the matter of widening of MC Road a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 7.11.2013. Apprehending acquisition of an extent of 6.30 cents from the properties belonging to the petitioners and the consequential inconveniences likely to occur in the matter of functioning of the hospital and the shopping complex the petitioners submitted Ext. P1 representation before the third respondent and Ext. P2 representation before the 4th respondent. The grievance of the petitioners is that despite the submission of Exts. P1 and P2 representations they were not taken into consideration and the respondents are going on with the acquisition proceedings. It is the contention of the petitioners that without passing appropriate orders on Exts. P1 and P2 representations the respondents are not justified in proceeding with the acquisition proceedings. It is in the said circumstances that this writ petition has been filed mainly with the following prayers: -

(2.) TO issue a writ of Mandamus or any other appropriate writs, directions or orders directing 3rd and 4th respondents to consider and pass appropriate orders on Exts. P1 and P2 representations by affording an opportunity of personal hearing to the petitioners.