OUSEPH THOMAS Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The captioned writ petitions are inter-related and materially connected and filed by the very same petitioners, concerning the acquisition of properties for the construction/widening of a road. Therefore, I heard them together and propose to deliver a common judgment. For the disposal of the writ petition, the facts narrated in W.P.(C) No.3134 of 2015 are taken into account, which will guide the fate of the other writ petition.

(2.) W.P.(C) No.3134 of 2015 is filed by the petitioners seeking to quash Ext.P24 by which the request made by the petitioners to change the alignment of a highway, in order to protect the property, well and other allied structures of the petitioners, pursuant to the direction issued by this Court in Ext.P23 judgment dated 31.10.2014 was declined, and for other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(3.) Petitioners are owners in possession and enjoyment of properties situate in Survey Nos.159/20 and 159/31 of Meenachil Village, on the eastern side of Ponkunnam-Pala Road. The 1st respondent declared a project, namely, "Kerala State Transport Project" (KSTP) for the purpose of improving the roads within the State of Kerala. Survey was conducted by the authorities with the assistance of an outside agency and the alignment of the road was fixed. According to the petitioners, the alignment fixed for the stretch connecting Ponkunnam-Pala is not a feasible one, because it runs through the midst of the busy Pala town which has now been realised by the respondents. Thereupon, without notice and under the influence exerted by respondents 10 to 14, demarcations were done inside the properties of the petitioners.