The petitioner has approached this Court with the following prayers :
i. To issue a writ in the nature of mandamus directing the official respondents 2 to 5 to realign the proposed improvement of Vyttila Petta road at the point of the petitioner's property and spare the buildings Nos. 30/405A, 30/405 A1, 30/405 A2, 30/405 A3, 30/405 A4, 30/405 A5 and 30/405 A6 of the Corporation of Cochin, where the petitioner is running the sound recording studio from the acquisition proceedings.
ii. to consider a writ of mandamus or appropriate direction directing the official respondents to consult each other and take a decision for avoiding the petitioner's building from the propose acquisition of improvement of Vyttila – Petta road in connection with the Metro Rail Project.
iii. To issue a such other writ, direction or order which this Hon'ble Court may deem fit just and proper in the circumstances of the case; and
iv. to award cost of the proceedings.
W.P.(C) No. 26642 of 2014 : 2 :
2. The petitioner is the owner of the property having an extent of 14 cents land, wherein the petitioner has put up some buildings, which are stated as on the eastern side of the road leading from Vyttila to Petta. In connection with the proposed construction of Kochi Metro Rail, a substantial portion of the premises belonging to the petitioner is sought to be acquired, which is detrimental to the rights and interests of the petitioner and several other persons concerned. It is stated that if a short deviation is made as proposed by the petitioner much adverse consequences could be avoided. The said proposal was brought to the notice of the Public Works Department and it has been recommended by the said department, as borne by Exts. P9 to P12. The learned counsel for the petitioner submits that the only prayer now pressed before this Court is to cause Ext. P5 representation preferred by the petitioner before the second respondent/District Collector to be considered within a reasonable time.
3. Heard the learned Government Pleader appearing for the respondents 1 to 5 as well as the learned standing counsel appearing for the 6th respondent.
4. After hearing both the sides, the writ petition is disposed of, directing the second respondent to consider and pass W.P.(C) No. 26642 of 2014 : 3 :
appropriate orders on Ext. P5 representation, in the light of Ext.P10 to P12 and such other relevant materials, after giving an opportunity of hearing to the petitioner and the 6th respondent. The proceedings as above shall be completed as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)