IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 15365 of 2006(D) ------------------------------------- PETITIONER(S): ---------------------- THAYATHU KUNHABDULLA HAJI, AGED 65 YEARS, S/O. AMMAD, RESIDING AT THAYATHU HOUSE, NADAPURAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI. V.M.MICHAEL SRI.V.S.AFSAL KHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, DEPARTMENT OF POST, THIRUVANANTHAPURAM-695 033. ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R3 SRI.D.SOMASUNDARAM, ADDL.CGSC FOR R3 SRI.P.PARAMESWARAN NAIR, S.G. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15365/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTICE OF AWARD IN FORM 10 NO.B4-2705/75 DT. 10/1977 ISSUED BY THE LAND ACQUISITION OFFICER (TAHSILDAR) BADAGARA TO THE PETITIONER. P2;- COPY OF THE PETITION NI. NIL DT. 28.4.05 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT WITH COPY OF THE 2ND RESPONDENT. P3:- COPY OF THE LETTER NO.REF.B-2 25655/05 DT. 15.6.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.15365 of 2006 ----------------------------------------- Dated this the 5th day of November, 2008 JUDGMENT The prayer is for a direction to return the land to the petitioner once acquired from him. It is submitted that the land has not been utilised for the purpose for which it was acquired. It is seen that the second respondent has acquired the land and handed over to the third respondent. In case the 3rd respondent does not utilise the same it is for the petitioner to move the appropriate higher authority. In case the place is misused by anti social elements the petitioner has to move the Police. There is no provision under the Land Acquisition Act to return the land once acquired. Therefore, there is no merit in the writ petition. It is accordingly dismissed. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No. 15365 of 2006 ----------------------------------- JUDGMENT 5th November, 2008