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Dr.Sajni S

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

Shaffique, J.
The petitioner has approached this Court seeking for police protection on the ground that, attempt was being made by the Kollam Corporation to take over the property of petitioner without acquiring the property in accordance with the procedure prescribed. An interim order had already been passed by this Court dated 10.01.2014, which reads as under:
“The learned counsel for the Corporation submits that the Corporation has not taken a final decision regarding widening of the road in question and only discussions have been initiated. As far as the petitioner is concerned, if the petitioner objects to the widening of the road by taking her property, the petitioner cannot be dispossessed of her property. If the Corporation or respondents 5 to 7 want that property for widening the road, their remedy lies in either getting the petitioner to sell the property to them or to get the Corporation to acquire the property by resorting to land acquisition proceedings. In the above circumstances, we are inclined to grant an interim order as prayed for. Accordingly, there would be an interim order as prayed for.”
2. The Corporation has filed a statement inter alia stating that they will not take over the property without WP(C) No. 28778 of 2013 -:2:-
resorting to the acquisition proceedings and they do not intend to dispossess the petitioner in any manner. Under such circumstances we do not think that the cause of action survives now. That apart, it is submitted by learned Government Pleader that there is no law and order situation in the area.
In the result, as matters stand now, this writ petition has become infructuous hence dismissed as infructuous.
Sd/-
Ashok Bhushan, Acting Chief Justice.
Sd/-
A.M. Shaffique, Judge.
ttb
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Title

Dr.Sajni S

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Smt Mini Gangadharan
  • Sri
  • N C Sajunam