IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 W.P.(C).No. 18638 of 2008(R) ---------------------------------- PETITIONER: -------------- P.E.SAHASRANAMAN AGED 77 YEARS, RETIRED ASSISTANT POSTAL DIRECTOR 24/203, T.B. ROAD, PALAKKAD. BY ADV. SMT.M.A.ZOHRA RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) FOR R2 SRI.T.C.SURESH MENON FOR R2 SRI.JIBU P THOMAS FOR R2 SRI.P.S.APPU FOR R2 GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 18638 OF 2008 R ==================== Dated this the 7th day of July, 2008 J U D G M E N T Petitioner claims that he is the owner of 23.35 cents of land with a house in Sy.No.853/1C of Ward No.IV, Block No.16 of Koppam Village, Palakkad. In this writ petition, the main prayer sought is to quash Ext.P3, by which a building permit sought for by the petitioner has been rejected on the ground that the plot in question is covered by a DTP scheme and that in terms of the said scheme, the area is to be acquired for commercial use. It is on receipt of the said communication, writ petition has been filed, where there is a further prayer made that he be either dispossessed paying the benefits as admissible under the Land Acquisition Act or permit to make construction of a residential house. 2. The Municipality has filed a counter affidavit where it is stated that the 1st respondent has already approved acquisition of the said property belonging to the petitioner invoking the provisions of the Land Acquisition Act by Ext.R2(a) order. However, the Special Tahsildar by Ext.R2(b) communication informed the Municipality that in Ext.R2(a) order, the Taluk and Village where the property is situated is not mentioned. On WPC 18638/08 :2 : that basis, petitioner has been requested to get revised orders from the 1st respondent enabling continuance of the acquisition proceedings. It is stated that on receipt of Ext.R2(b), the Municipality by Ext.R2(c) letter dated 16/6/08, addressed the 1st respondent to issue revised orders incorporating the Taluk and Village concerned. It is stated that on receipt of revised orders as sought for by the Municipality in Ext.R2(c) all that remains to be done is to get the notification under Section 4(1) of the Land Acquisition Act issued. 3. Now that steps are at an advance stage for the acquisition of the property concerned for making use of the same in terms of the DTP Scheme, I feel what is necessary is to direct the 1st respondent to take action on Ext.R2(c) letter of the Municipality and issue revised orders rectifying the inadequacies in Ext.R2(a) order dated 2/11/2007. This the 1st respondent shall do, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. Once such order is passed, necessary steps completing the proceedings under the Land Acquisition Act shall be expeditiously taken. WPC 18638/08 :3 : With these directions, the writ petition is disposed of. The 2nd respondent shall produce a copy of this judgment before the 1st respondent for complying with the direction herein. ANTONY DOMINIC, JUDGE Rp