IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 WP(C).No. 10554 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. JAWAHAR BABY ERALIL, ERALIL HOUSE, CHERAI P.O.,ERNAKULAM DISTRICT. 2. JOHNSON BABY DEALIL, ERALIL HOUSE,CHERAI P.O.,ERNAKULAM DIST. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.N.N.ARUN BECHU RESPONDENT(S): --------------- 1. THE STATE OF KERALA-REPRESENTED BY THE SECRETARY TO GOVERNMENET, REVENUE DEPARTMENT, GOVERNMENT OF KERALAM, THIRUVANANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 3. THE GOSHREE ISLANDS DEVELOPMENT AUTHORITY,REPRESENTED BY ITS SECRETARY, PARK AVENUE, ERNAKULAM.KOCHI-692011. 4. THE PALLIAPURAM GRAMA PANCHAYATH CHERAI P.O.,ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10554 of 2010-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of June, 2010. JUDGMENT The petitioners are non resident Indians. For settling in their native place at Cherai, they have purchased an extent of 29.680 cents of land in Pallippuram Village as per Sale Deed No.1026/96 dated 22.4.1996 of Kuzhuppilly Sub Registry. The grievance raised in the writ petition is that the 4th respondent Panchayat is proposing to acquire the above land for implementing their project recommended by the third respondent Goshree Island Development Authority for construction of a Ring Road, Tempo - Taxi Stand and Office Complex - cum- Comfort Station. 2. The petitioners contend that the proposal was submitted by the Panchayat without disclosing the fact that they are having an extent of 19.760 cents of land having road frontage to the Cherai - Paravur road. It is pointed out that without moving the authorities in a proper manner, they have directly approached the Government. It is in these circumstances, the petitioners have filed this writ petition. 3. Ext.P7 is the copy of a representation submitted before the second respondent District Collector and Ext.P8 is the copy of the representation 2 submitted by the petitioners before the Government itself. 4. Learned Govt. Pleader on getting instructions from the District Collector, submitted that no requisition or Govt. Order for land acquisition is received till date from the 4th respondent or any other agency for the said project and no order is seen issued by the Revenue Department in this regard and that the District Collector has not taken any steps for this project. It is also pointed out that the proposal, if at all, is only at a primary stage. In that view of the matter, there is nothing to adjudicate now regarding the grievance raised by the petitioners. 5. Therefore, if the Government or any other authorities like District Collector or Goshree Islands Development Authority at any time proceeds to consider the request made by the 4th respondent, then the grievances raised by the petitioners in Ext.P7, including the alternate proposal suggested by them will be considered and before any administrative sanction is issued. The writ petition is disposed of with the above observations. No costs. (T.R. Ramachandran Nair, Judge.) kav/