IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13354 of 2009(L) -------------------------- PETITIONER(S): --------------- 1. PARAMESWARAN NAIR, S/O.THANKAPPAN NAIR, AGED 60 YEARS, RESIDING AT SRIDEVI NIVAS, RAILWAY CROSS, THALAYAL, BALARAMAPURAM, THIRUVANANTHAPURAM FROM POOVANVILAKATH VEEDU, PARAKKONAM, THALAYAL DESOM, ATHIYANNOOR PAKUTHI, THIRUVANANTHAPURAM. 2. A. MUJEEB RAHMAN, S/O. ABDUL SALAM, AGED 36 YEARS, S.M. MANZIL, NELLIMMOOTTUVILA VEEDU, ERUTHAVOOR, OORUTTAMBALAM P.O., THIRUVANANTHAPURM. 3. JAYALEKSHMI,D/O. VASANTHAKUMARI, AGED 38 YEARS, RESIDING AT BHASKARA , TC 9/872 (1) F -31, PANICKER'S LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, THALAYAL DESOM ATHIYANNOOR VILLAGE, BALARAMAPURAM P.O., TVM. 4. SHOBHANA S, REVATHY NIVAS, THEMBAMUTTOM, BALARAMAPURAM P.O., THIRUVANANTHAPURAM. 5. VIJAYAKUMAR, S/O. GOPALAN, AGED 47 YEARS, RESIDING AT CHIRATHALA VEEDU, AIKKOTTUKONA, THALAYAL DESOM, BALARAMAPURAM P.O. THIRUVANANTHAPURAM. 6. VIMALA, W/O. VIJAYAKUMAR, AGED 46 YEARS, RESIDING AT DO... DO... 7. THAMPY, S/O. KRISHNA PANICKER, AGED 43 YEARS, RESIDING AT KRISHNA VILAS, THEMBAMUTTOM, BALARAMAPURAM P.O., THIRUVANANTHAPURAM. 8. SUDHARSHNAN, S/O. KRISHNA PANICKER, AGED 36 YEARS, RESIDING AT DO...DO... BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, HAVING OFFICE AT COLLECTORATE, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR (LA), THIRUVANANTHAPURAM. 4. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J --------------------------- W.P.(C).13354 of 2009 --------------------------- Dated this the 22nd day of May, 2009 JUDGMENT The petitioners hold different extents of agricultural properties in Athiyannoor Village in Thiruvananthapuram and they are agriculturists by profession. They are aggrieved by Ext.P1 notification issued under the Land Acquisition Act, wherein the respondents have notified that the properties belonging to the petitioners are needed or likely to be needed for the construction of 66 KG sub station. At this stage, the petitioners confine their prayer to a challenge to the dispensation of enquiry under Section 5A of the Land Acquisition Act. It is pointed out that the notification is dated 15.1.2009. The maximum time that is required to be given to any person to file an objection in terms of Section 5A of the Act is only 30 days. It is contended that a declaration has not been issued so far. 2. Dispensation of Section 5A enquiry does not automatically follow the invocation of the emergency clause under Section 17(4) of the Act. In these circumstances, especially taking note of the fact that Ext.P1 notification was W.P.(C).13354 of 2009 :: 2 :: issued on 15.1.2009, I am of the view that the petitioners should be given an opportunity to file objections under Section 5 A of the Act. 3. Accordingly, if each one of petitioners files an objection before the District Collector, the 2nd respondent, within two weeks from today, he shall hear the petitioners on such objections and then forward a report to the Commissioner for Land Revenue, as contemplated under Section 5A of the Act, within one month from the date of receipt of the objections. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge