IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 36261 of 2005(P) -------------------------- PETITIONER: ------------ ELAYODATH KUNHALI, AGED 43 YEARS, S/O. LATE AVARU HAJI, ELAYODATH HOUSE,P.O. PONMALA PONMALA VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. THE SUB ENGINEER, KERALA STATE ELECTRICITY BOARD, T.C. DIVISION, EDARIKKODU, MALAPPURAM. 2. THE SPECIAL TAHSILDAR, L.A. (GENERAL), TIRUR. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN BY SC FOR KSEB SRI.THAJUDDIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO. 36261/2005 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF THE TAX RECEIPT DATED 23.11.2005 ISSUED BY THE PONMALA VILLAGE OFFICER. EXT.P2; COPY OF THE ENCUMBRANCE CERTIFICATE DATED 17.11.2005 ISSUED BY THE SRO MALAPPURAM. EXT.P3; COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER DATED 16.11.2005. EXT.P4; COPY OF THE POSTAL RECEIPT OF EXHIBIT P3 DATED 16.11.2005. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 36261 of 2005 ---------------------------------- Dated this the 12th day of June , 2008 JUDGMENT The grievance of the petitioner is that his property has been acquired and he has been dispossessed of the properties without being issued with any notice under the provisions of the Land Acquisition Act. The stand taken by the Government is that the petitioner, his brother and sisters had authorised their mother for representing them in the land acquisition proceedings and the property was taken possession from the mother. The further case is that the award notice was received on behalf of the petitioner and his sister and brother by the petitioner's father. 2. It is fairly well settled that the petition under Article 226 cannot be maintained after award has been passed and possession is taken. If the petitioner is having any grievance, he may have to initiate other appropriate proceedings arraying his parents also as parties. The writ petition is found to be not maintainable and is accordingly dismissed. PIUS C. KURIAKOSE dpk JUDGE dpk