VARGHEESE V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioner was in possession and enjoyment of 0.0460 hectars of land situate in Sy.NO.409/1 of Kizhakkumuri village, Chalakudy Taluk, Thrissur district. As per Ext.P1 proceedings, an extent of 0.0374 hectars of land was acquired from the above land for widening National Highway 47. The acquired land was subsequently sub divided as Sy.No.409/5F of Kizhakkumuri Village. While acquiring the land, a portion of the building was also demolished by the authorities. Case of the petitioner is that, petitioner carried out some maintenance work for the remaining building, for proper utilization of the existing building, partly demolishing the building. However, the Secretary of the Panchayat has issued Ext.P2 order dated 4.7.2015, on the basis of certain constructions carried out by the petitioner without securing permit from the Panchayat and in violation of the land acquired by the National Highway, under Section 235W(1) of the Kerala Panchayat Raj Act, 1994. On receipt of the same, petitioner has submitted Ext.P3 and has approached this court apprehending coercive action from the side of the Secretary of the Panchayat.

(3.) A detailed counter affidavit is filed by the 5th and 6th respondents, justifying the stand adopted in Ext.P2 and also R5 to R5(f). The 4 th respondent has filed a detailed counter affidavit enumerating the circumstances, the acquisition made and since, a portion of the property fell within the acquired portion, the entire building was acquired by paying money to the petitioner. It is also pointed out that, petitioner is not entitled to maintain the portion of the building which was acquired for the purpose of National Highway and therefore, the Panchayat is to take adequate action against the petitioner in continuation of Ext.P2 notice and the subsequent proceedings if any initiated.