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P.BALAN, S/O.KUNHAPPU, AGED 65 YEARS versus THE CHERUKUNNU GRAMA PANCHAYATH

High Court of Kerala

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P.BALAN, S/O.KUNHAPPU, AGED 65 YEARS v. THE CHERUKUNNU GRAMA PANCHAYATH - WP(C) No. 17313 of 2007(J) [2007] RD-KL 14910 (3 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17313 of 2007(J)

1. P.BALAN, S/O.KUNHAPPU, AGED 65 YEARS,
... Petitioner

Vs

1. THE CHERUKUNNU GRAMA PANCHAYATH,
... Respondent

2. THE PRESIDENT, CHERUKUNNU GRAMA

3. THE VICE-PRESIDENT,

4. SHAJI, CHAIRMAN,

5. THE SUB INSPECTOR OF POLICE,

For Petitioner :SRI.R.MANOJ

For Respondent :SRI.O.RAMACHANDRAN NAMBIAR

The Hon'ble MR. Justice K.M.JOSEPH

Dated :03/08/2007

O R D E R

K.M.JOSEPH, J.


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W.P.(C).No. 17313 OF 2007
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Dated this the 3rd day of August, 2007



JUDGMENT

Petitioner has approached this court praying for a direction to respondents 1 to 4 to refrain from forcibly seizing the property of the petitioner for road widening, except in accordance with due process of law. There is a further prayer for a direction to the first respondent to consider the grievance of the petitioner and other signatories in Ext.P1, in accordance with law, after hearing all affected parties.

2. Case of the petitioner in brief is that in collusion with private individuals without resorting to the process under the Land Acquisition Act respondents 1 to 4 are attempting to widen the road which has a width of approximately 3 metres.

3. Counter affidavit is filed on behalf of the Panchayat wherein it is stated that the width of the road is about 4 metres.

4. I heard learned counsel for the parties. There cannot be any dispute that the person cannot be WPC No.17313/07 2 deprived of the property except in the manner provided in law. There will be a direction to respondents 1 to 3 that they will not forcibly deprive the petitioner of any property in his possession. Of course, it is open to the respondents to seek to deprive the petitioner of the property in accordance with law. As regards the relief against the 4th respondent is concerned, I feel that it is open to the petitioner to seek relief against him in the appropriate forum.

(K.M.JOSEPH, JUDGE)

sv. WPC No.17313/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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