VISWAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri. Latheesh Sebastian, the learned counsel appearing for the petitioner and Smt. A.C. Vidhya, the learned Government Pleader appearing for the respondents.

(3.) According to the petitioner, his mother Chellamma had 15 cents of property in Sy.No.389/13C of Vizhinjam village (originally Kottukal Village, Neyyattinkara Taluk, Thiruvananthapuram Revenue District. The respondents had acquired large extents of property in Sy.No.389, 390, 391 for TRIDA (Trivandrum Development Authority). But, 41.76 Ares of property could not be taken possession by the TRIDA because of the lapse of notification for acquisition and that property remained in the possession of land owners. Thereafter, the Government decided to return the property to the land owners concerned on the basis of the verdict of the Lok Ayukta. According to the petitioner, he is in possession of 5.46 Ares of property in Sy.No.389/13-23 which was withdrawn from the notification. Ext.P3 is the withdrawal notification dated 15.12.2015 issued by the 1st respondent in which by mistake the land area of the petitioner covered by the said withdrawal notification is shown only as 4.6 Ares in Survey No.389/13-23 of Vizhinjam Village (as at present), instead of the actual extent of 5.46 Ares.