IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 13924 of 2008(G) --------------------------------------- PETITIONERS: --------------------- 1. LEO ENGLISH MEDIUM SCHOOL,THEO JOSEPH MEMORIAL,SOUTH CHELLANAM,COCHIN-682 008, REP.BY ITS CHAIRMAN - GEORGE PUNNACKAL JOSEPH. 2. GEORGE PUNNACKAL JOSEPH,S/O.LATE THEO JOSEPH PUNNACKAL,"LEO PUNNACKAL", SOUTH CHELLANAM,KOCHI-682 008. BY ADVS. MR.N.SUBRAMANIAM, MR.M.S.NARAYANAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY ITS CHIEF SECRETARY,GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,ERNAKULAM DISTRICT,COLLECTORATE,THRIKKAKARA. 3. THE SPECIAL TAHSILDAR (LA), GENERAL,ERNAKULAM,COLLECTORATE,THRIKKAKARA. 4. THE CHELLANAM GRAMA PANCHAYATH,CHELLANAM, KOCHI-8, REP.BY ITS SECRETARY. *ADDL.R5 IMPLEADED: *5. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM. IS SUO MOTU IMPLEADED AS ADDITIONAL R5. AS PER ORDER DATED 07/08/08 IN W.P.(C). R1 TO R3 & ADDL.R5 BY GOVERNMENT PLEADER MR. K.V. MANOJ KUMAR, R4 BY ADVS. MR.DINESH R.SHENOY, MR.V.V.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009,ALONG WITH W.P.(C). NOS. 12469 OF 2008 AND 12629 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13924/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THE R.4. PANCHAYATH. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THE R.4. PANCHAYATH. EXT.P.3: COPY OF THE LETTER ISSUED BY THE TAHSILDAR, KOCHI TO THE R.4. PANCHAYATH. EXT.P.4: COPY OF THE LETTER ISSUED BY THE R.4. PANCHAYATH TO THE R.2. EXT.P.5: COPY OF THE ENCUMBERANCE CERTIFICATE ISSUED BY THE OFFICE OF THE SUB REGISTRAR, ERNAKULAM. EXT.P.6: COPY OF THE LETTER ISSUED BY THE R.4. PANCHAYATH ALONG WITH THE DECISION OF THE PANCHAYATH TAKEN ON 16/04/2008. EXT.P.7: COPY OF THE NOTICE ISSUED BY THE R.3. EXT.P.8:COPY OF THE LETTER ISSUED BY THE PETITIONERS TO RESPONDENTS 1 TO 3. EXT.P.9: COPY OF THE NOTIFICATION PUBLISHED IN THE MANGALAM DAILY. EXT.P.10: COPY OF THE PRINTOUT TAKEN FROM THE WEBSITE – WWW.ERNAKULAM.NIC.IN/TSU DAMAGE HOUSE.HTM ON 23/04/2008. EXT.P.11: COPY OF THE PRINTOUT TAKEN FROM THE WEBSITE – WWW.ERNAKULAM . NIC.IN/TSU REHAB.HTM ON 23/04/2008. EXT.P.12: COPY OF THE INTERIM ORDER GRANTED BY THIS HONOURABLE COURT IN W.P.(C).NO.10889/2008. EXT.P.13: COPY OF THE COVERING LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER. EXT.P.14: COPY OF THE ORDER PASSED BY THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. EXT.P.15: COPY OF THE REPLY ISSUED BY THE P.2. TO THE R.4. EXT.P.16: COPY OF THE ACKNOWLEDGEMENT SIGNED BY THE SECRETARY AND PRESIDENT OF THE R.4. PANCHAYATH. EXT.P.17: COPY OF THE STOP MEMO ISSUED BY THE SECRETARY OF THE R.4. PANCHAYATH. EXT.P.18: COPY OF THE REPLY SENT TO THE PETITIONER TO THE SECRETARY OF THE R.4. PANCHAYATH. EXT.P.19: COPY OF THE LETTER ISSUED BY THE R.4. TO THE R.2. ALONG WITH THE RESOLUTION TAKEN BY THE R.4. PANCHAYATH. EXT.P.20: COPY OF THE LETTER OF THE R.2. TO THE P.2. W.P.(C). NO.13924/2008-G: EXT.P.21: COPY OF THE REPLY ISSUED BY THE P.2. TO THE R.4. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE LETTER SENT BY THE SPECIAL TAHSILDAR TO THE SECRETARY, CHELLANAM PANCHAYATH. EXT.R2.B: COPY OF THE PROHIBITION ORDER NO. D1-69/08 DTD. 04/04/08. EXT.R2.C: COPY OF THE LETTER NO. A1-01/08 DTD. 16/06/08. EXT.R2.D: COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KSHB. EXT.R4.A: COPY OF THE LETTER DTD. 11/04/2008 ISSUED BY THE R.4. TO THE PETITIONER. EXT.R4.B: COPY OF THE NOTICE DTD. 05/05/2008 AND THE TEMPORARY ORDER DTD. 05/05/2008 ISSUED BY THE R.4. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.13924 OF 2008 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT The first petitioner is a school which is providing free education for the needy among the local inhabitants in terms of CBSE syllabus. It challenges the acquisition of the land belonging to it for Tsunami rehabilitation programme. With the passage of time, though the pleadings are voluminous, the Government have taken a pragmatic view and have concluded that since the petitioners are providing free education to the needy and the objective for which the petitioners seek exemption of the property are bonafide, the land of the petitioners should stand excluded from acquisition. It is submitted by the learned Government Pleader that acquisition of the property of the petitioners are dropped. This is recorded and the writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.