P.P. SIVASANKARAN, S/O. THEYYA, Vs. STATE OF KERALA, REP. BY CHIEF SECRETARY,
LAWS(KER)-2003-3-135
HIGH COURT OF KERALA
Decided on March 04,2003

P.P. Sivasankaran, S/O. Theyya, Appellant
VERSUS
State Of Kerala, Rep. By Chief Secretary, Respondents

JUDGEMENT

M.R. Hariharan Nair, J. - (1.) IN all these three cases the challenge is with regard to one and the same acquisition initiated for the purpose of formation of a Ring Road in Tirur Municipality. As such, I propose to dispose of the same through a common judgment after a joint hearing held today.
(2.) THE petitioners have more or less the same contentions. It is pointed out that the present Notification made on 18/6/1998 deviates from the earlier stand of the Government to the Manager of the Nedungadi Bank Ltd., which is produced as Ext.P4 in O.P.No. 9320/99 filed by the same Bank that the Scheme would be implemented excluding the Bank building and other buildings; that there is colourful exercise of powers by the Government to suit the convenience of the some parties and that implementation of the Scheme, as notified, would affect many tenants of the buildings situated in the proposed alignment. The learned Government Pleader submitted that it was based on requisition from the P.W.D. made on 21/6/1997 that formation of the ring road was taken up; that the correspondence aforementioned relied on by the petitioners was prior to the issuance of the Notification and that after the Notification was issued there has not been any change contemplated in the alignment. It is also pointed out that excepting the petitioners in these three cases, all the others affected, 31 in number, have already surrendered their properties pursuant to the Awards passed and that it is only the interim orders passed in these cases that stand in the way of implementation of the project contemplated right from 1997.
(3.) THERE is some controversy raised at the Bar with regard to the maintainability of the Original Petitioners initiated by the tenants of the buildings. However, I do not think it necessary to go into that aspect. Even assuming that the tenants have the locus standi, the material questions to be considered are whether there is colourful exercise of powers by the Government and whether the Court would be justified in interfering with the project initiated by the Government.;


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