IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18812 of 2008(M) -------------------------- PETITIONER: ------------ SUNNY JACOB, S/O. MATHEW CHACKO, AGED 40, KALATHIL HOUSE, VELOOR.P.O, CHETHIPUZHA VILLAGE, CHANGANASSERY, KOTTAYAM. BY ADV. SRI.K.V.SABU RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR (LA), N.H., CHANGANASSERY, KOTTAYAM. 2. DISTRICT COLLECTOR, KOTTAYAM. 3. SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, TRIVANDRUM. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.18812 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th June, 2008 JUDGMENT The only prayer in this Writ Petition is for quashment of Ext.P4. As rightly submitted by the learned Government Pleader, Ext.P4 is only a notice under Section 9 inviting the petitioner to submit his claims regarding the compensation for the acquired property. 2. Heard Mr.K.V.Sabu, counsel for the petitioner and the learned Government Pleader for respondents. 3. Counsel for the petitioner drew my attention to paragraph 3 of the Writ Petition and submitted that the petitioner upon entering appearance in response to Ext.P4 expressed his desire to have the entire building belonging to him acquired. That desire has been ignored by the land acquisition officer. Learned counsel therefore sought for a direction that the respondents be ordered to acquire the entire building belonging to the petitioner. 4. Having regard to the prayers made in this Writ Petition, it is not possible to grant the request of the learned counsel. The petitioner is yet to produce copy of any representation submitted by him through which he expresses his desire for acquisition of the entire building. Section 49(1) of the Land Acquisition Act certainly W.P.C.No.18812/08 - 2 - permits the petitioner to express the desire at any point of time prior to passage of the award. I dispose of the Writ Petition without granting the prayers made. However, it is open to the petitioner to file a fresh Writ Petition seeking appropriate reliefs. If award has not so far been passed in respect of the petitioner's properties, the 1st respondent will not pass award for a period of 10 days from today. srd PIUS C.KURIAKOSE, JUDGE