IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 OP.No. 30743 of 2001(I) ----------------------- PETITIONER(S): --------------- 1. THE ORGANISATION OF FORMERS FOR ESTABLISHMENT OF RIGHTS, KOTHAMANGALAM, REP. BY ITS CHAIRMAN PROF. M.P. VARGHESE, MANJUMMEKUDIYIL, KEERAMPARA, KOTHAMANGALAM. 2. PROF T.K. VARGHESE, VICE CHAIRMAN & MEMBER, EXECUTIVE COMMITTEE, ORGANISATION OF FARMERS FOR ESTABLISHMENT OF RIGHTS, THAZHATHOOT, NELLIMATTOM PO., KAVALANGAD. 3. VARGHESE GEORGE PALLIKKARA, JOINT SECRETARY & MEMBER, EXECUTIVE COMMITTEE, ORGANISATION OF FARMERS FOR ESTABLISHMENT OF RIGHTS, ELOOR, KUMARAPURAM P.O., ALUVA. BY ADV. SRI. S. VIJAYA KUMAR RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REP. BY ATTORNEY GENERAL OF INDIA, NEW DELHI. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. ADV. SRI.K.V.SABU FOR R1 SRI AJITH KUMAR, ACGSC GOVT. PLEADER SRI. SANDOSH RAJA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 30743 of 2001 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th January, 2009. J U D G M E N T The petitioners in this original petition challenge the constitutional validity of Section 23(1) of the Land Acquisition Act being violative of the provisions contained under Article 31A (proviso clause 1) and Article 21 of the Constitution. 2. Exactly, the same question has been considered by a Division Bench of this Court in Paulose Varghese & Ors. v. Union of India & Ors. , I.L.R. 1993 (3) Kerala 392, wherein the Division Bench had upheld the constitutional validity of the said provision. That being so, following that decision, this original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.