IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 19561 of 2009(M) --------------------------------------- PETITIONER(S): ---------------------- P.A. THULASI BHAI, W/O.LATE SIDHARTHAN, KANNOLI HOUSE, INCHAMUDY P.O. PAZHUVIL (VIA), THRISSUR. BY MR.T.KRISHNAN UNNI, SENIOR ADVOCATE ADV. MR.P.A.AUGUSTINE(AREEKATTEL) RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SPECIAL TAHSILDAR, L.A.(GENERAL) NO.1, PALAKKAD 3. NAGALASSERI GRAMA PANCHAYAT, KOOTTANAD P.O., PALAKKAD DISTRICT, REP.BY ITS SECRETARY. R1 & R2 BY GOVERNMENT PLEADER MR.V. MANU. R3 BY ADV. MR.PETER JOSE CHRISTO, MR.K.V.VIMAL, MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.S.A.ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19561/2009-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION DATED 25/01/2008 ISSUED BY THE 2ND RESPONDENT IN KERALA KAUMUDI DAILY. EXT.P2: COPY OF THE OBJECTION DATED 15/04/2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST & 2ND RESPONDENTS. EXT.P3: COPY OF THE JUDGMENT DATED 27/05/2008 IN WP(C) NO. 15678/2008 PASSED BY THIS HONOURABLE COURT. EXT.P4: COPY OF THE LETTER DATED 10/06/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5: COPY OF THE LETTER DATED 30/03/2009 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE PETITION FILED BY THE 3RD RESPONDENT IN O.S. NO.69/05 OF THE MUNSIFF COURT PATTAMBI, DATED 29/05/2009. EXT.P7: COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE ROUGH SKETCH OF THE PROPERTY OF THE PETITIONER PROPOSED TO ACQUIRE. EXT.P9: ORIGINAL OF THE SKETCH OF PROPOSED SITE NO.1 COMPRISED IN SY.NO.182/3 OF NAGALASSERY VILLAGE HAVING AN EXTENT OF 76 CENTS. EXT.P10: ORIGINAL OF THE SKETCH OF PROPOSED SITE NO.2 COMPRISED IN SY.NO.182/3 OF NAGALASSERY VILLAGE HAVING AN EXTENT OF 76 CENTS. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE DECLARATION NO.LRC 7-34248/2008 DATED 26/02/2009. EXT.R2(a): COPY OF THE DELARATION NO.LR(C)7-34248/08 DATED 26/02/2009. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.19561 OF 2009 ............................................ DATED THIS THE 7TH DAY OF DECEMBER, 2009 JUDGMENT The positive thinking of the members of a Grama Panchayat and the petitioner in relation to a Government L.P.School is bringing a happy end to this litigation which would have otherwise been dragged on, on different grounds. 2. The petitioner owns a school building and lands used for that purpose. Land Acquisition proceedings were initiated for the purpose of acquiring land for school and also land lying across the road in front of the school. That parcel is for the play ground. When matters were heard, though not minuted by this court at that time, what really disturbed was the thought about the L.P.School children running across the road to reach the playground. All possible precautions have to be taken to care Wpc 19561/2009 2 for their life and limb, since they form the asset of this nation. Without stating such a reason, interlocutory orders were issued, essentially triggering negotiations. Ultimately, Panchayat, in an urgent meeting convened for such purpose, graciously accepted the suggestion that instead of acquiring the existing playground across the road, the land, lying adjacent to the school building, belonging to the petitioner could be acquired. That decision of the panchayat was recorded by this court on 25.11.2009 and the petitioner was required to place on record the sketch regarding the actual alignment that could be acquired. Exts.P9 and P10 are placed on record. The President of the Grama Panchayat and its Secretary are present. With the able assistance of the members of the Bar appearing in this case, it is suggested that the sketch Wpc 19561/2009 3 which is Ext.P10, can be accepted and the petitioner further offers that the present school building could be put to use till the end of the academic year 2011-2012 free of rent or till the construction of new school whichever is earlier. Recording this submission, this writ petition is ordered directing the respondents 1 to 3 and the petitioner to ensure that the needful is done in terms of the aforesaid and the acquisition proceedings will stand modified accordingly. In exercise of the jurisdiction under Article 226, the requirement to issue any statutory notification under the Land Acquisition Act, 1894 in connection with this modification is hereby dispensed with. The Land acquisition authorities will first plot the land in terms of Ext.P10 and will take over possession so that the construction activities can start. Wpc 19561/2009 4 This will immediately be followed by fixation of land value for the land being so acquired. That shall be finalised within a period of three months. Let the panchayat be put in possession within a period of one month. It is also ordered that the parties will ensure that no further disputes crop up in relation to the subject matter having regard to the larger public interest. This court records its appreciation in the attitude taken by the petitioner and members of the Grama Panchayat and officials of the panchayat as also State Government officials who are involved in the acquisition proceedings. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/9/12