M/S.MALANKARA PLANTATIONS LIMITED,KTM v. STATE OF KERALA

Heard Senior Counsel Sri.Joseph Markos, instructed by his retaining counsel and also heard the Government Pleader.

4. A perusal of Exts.P1 to P6 would show that the petitioner surrendered the property for easing out the curves on the road on an assurance that the old road portion will be assigned to the petitioner. All the authorities referred the matter to the Government. The Government has not taken any decision in it. In such circumstances, I am of the considered opinion that, this Writ Petition need not be retained here. The 1st respondent can be directed to consider the matter in the light of Ext.P1 to P6 within a time frame and till then, the status quo regarding the property now in possession of the petitioner can continue. Therefore, this Writ Petition is disposed of with the following directions: a) The 1st respondent is directed to consider the question of assignment of the property to the petitioner in the light of Ext.P1 to P6 as expeditiously as possible, at any rate within five months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to a representative of the petitioner. W.P(C).30049/2006 7 b) Till final orders are passed as directed above, the status quo regarding the property in possession of the petitioner shall continue. Sd/- Sbna/ P. V. KUNHIKRISHNAN JUDGE W.P(C).30049/2006 8 APPENDIX PETITIONER’S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE LETTER DATED 07.09.1994 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER. EXHIBIT P2 : TRUE COPY OF THE LETTER DATED SEPTEMBER 1998 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 22.12.1998 ISSUED BY THE 4TH RESPONDENT EXHIBIT P4 RESPONDENT EXHIBIT P5 : : TRUE COPY OF THE LETTER DATED 20.01.1999 TO THE 3RD TRUE COPY OF THE LETTER DATED 22.05.1998 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P6 : TRUE COPY OF THE LETTER DATED 20.05.1999 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P7 : TRUE COPY OF THE NOTICE DATED 31.10.2006 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER EXHIBIT P8 : TRUE COPY OF THE LETTER DATED 02.11.2006 ISSUED BY THE PETITIONER TO THE 6TH RESPONDENT EXHIBIT P9 : TRUE COPY OF THE NOTICE DATED 09.04.2006 RECEIVED BY THE PETITIONER FROM THE 6TH RESPONDENT EXHIBIT P10 : TRUE COPY OF THE NOTICE DATED 08.11.2006 RECEIVED BY THE PETITIONER FROM THE 6TH RESPONDENT EXHIBIT P11 : TRUE COPY OF THE LETTER DATED 10.11.2006 SENT BY THE PETITIONER TO THE 6TH RESPONDENT