ISMAIL MOOSA Vs. ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS writ is filed challenging Exhibit P12 notice issued by 1st respondent under the provisions of Kerala Land Conservancy Act. The case of the petitioner is that 0.40 Ares of land was in his possession and out of which 0.24 Ares were acquired for the purpose of National Highway widening. The petitioner alleged that 0.16 Ares are remaining there. It is further submitted that shops of the petitioner's are situated in the said 0.16 Ares of land. The petitioner would submit that without verifying the above factual situation, the 1st respondent issued Exhibit P12 notice. It is challenging Exhibit P12 notice, this writ petition is filed.

(2.) I am of the view that the identity of the said property has to be decided. If the entire property of the petitioner with the ownership and possession had not been acquired, necessarily, the remaining property can be acquired only through the process of law. Whether the petitioner was in possession of 0.40 Ares of land in Sy.No.247/5 of Vadakkancherry Village or not has to be enquired. It is also to be enquired that whether only 0.24 Ares of land was alone acquired or not.