IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 35896 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. ALEX THOMAS, S/O. GEEVARGHESE THOMAS, AGED 49 YEARS, THATTARAZHIKATHU, AYOOR P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, & FATHER OF 2ND PETITIONER, C.J.XAVIER, ADVOCATE, CHINGAMTHARAYIL HOUSE, VAZHICHERRY, ALAPPUZHA. 2. RANI XAVIER ALEX, W/O. ALEX THOMAS, AGED 45 YEARS, THATTARAZHIKATHU, AYOOR P.O., ELAMADU VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER, C.J.XAVIER, ADVOCATE, CHINGAMTHARAYIL HOUSE, VAZHICHERRY, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. THE DISTRICT COLLECTOR, KOLLAM-691 001. 3. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (LA) NO.II, KOLLAM, PIN-691 001. 4. EDAMULAKKAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, EDAMULAKKAL, KOLLAM, PIN-691 321. BY GOVT. PLEADER SRI.V.MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.35896 of 2010 ------------------------------- Dated this the 1st day of December, 2010 J U D G M E N T The petitioners are husband and wife. They own a parcel of land within the local limits of Edamulakkal Grama Panchayat. This writ petition is filed aggrieved by Ext.P1 notification issued by the third respondent under section 4(1) of the Land Acquisition Act, 1894. The pleadings disclose that aggrieved by the proposed acquisition, the petitioners have caused Ext.P2 notice to be issued before the third respondent. In such circumstances, as the urgency clause has not been invoked, I am of the opinion that the ends of justice will be met, if the third respondent is directed to consider Ext.P2 as a representation objecting to the proposed acquisition and take an appropriate decision thereon, by conducting a hearing under section 5A of the Land Acquisition Act, 1894. The writ petition is accordingly disposed of with a direction to the third respondent to consider Ext.P2 as a representation submitted by the petitioners as an objection to the proposed acquisition and to submit a report to the competent authority after conducting a hearing under section 5A of the Land Acquisition Act, 1894 expeditiously and in any event, within two months from the date on which the petitioners produce a copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj.