IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 33232 of 2006(F) -------------------------- PETITIONER: ------------ 1. V.LALI, AISWARYA, NEAR S.N.THEATER, KILIMANOOR. 2. ABILAL, AISWARYA, NEAR S.N. THEATER, KILIMANOOR. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. SPECIAL THAHSILDAR (LAND ACQUISITION), PWD, SOUTHERN CIRCLE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI FOR R1,3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.33232 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 JUDGMENT The grievance of the petitioners is that on account of the acquisition of their property by the respondents for the purpose of Kerala State Transport Project taken up by the Public Works Department, portion of a very substantial building which has been constructed by the petitioners will have to be demolished. The total area sought to be acquired from the petitioners is only two square meters. Petitioners case is that they are willing to give free surrender of one square meter of land for the purpose of widening of the road and of constructing a new road upto highway standards. The prayers in the writ petition are that the proceedings of acquisition of two square meters be quashed and appropriate orders may be ordered to be passed on Ext.P2 representation in which the prayer is that one square meter alone be taken and one square meter be excluded from the acquisition. I have heard Sri.M.Balagovindan, learned counsel for the petitioners and Sri.Basanth Balaji, learned Government Pleader. WPC.No.33232/06 2 Learned Government Pleader submits that this is a case where award has been passed and possession has been taken. It is true that the building in question has not been demolished. My attention was drawn by the learned counsel for the petitioners to the judgment of the Supreme Court in Swaika Properties (P)Ltd. v. State of Rajasthan (2008(1) SN 51). Following that decision and other decisions of the Supreme Court including the decision reported in Muncipal Council, Ahmed Nagar and another v. Shah Hyder Beig and others (2000 (2) SCC 48) it has to be found that the present writ petition under Article 226 filed after the land acquisition proceedings have attained finality i.e. by passage of award and taking of possession, cannot be entertained. Writ petition will stand dismissed. It is made clear that this judgment will not stand in the way of the respondents considering the issue if they are inclined to do so. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.33232/06 2