IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WA.No. 1668 of 2008 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.29140/2007 Dated 26/03/2008 .................... APPELLANTS/RESPONDENTS 1, 2 & 4 TO 7 IN THE WP: ------------------------------------------------------------------------------ 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2. DEPUTY COLLECTOR, LAND ACQUISITION, COLLECTORATE, THIRUVANANTHAPURAM 3. STATE OF KERALA, REP. BY THE SECRETARY PUBLIC WORKS (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 5. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 6. THE CHIEF ENGINEER, KERALA STATE ROAD FUND BOARD, 16/19, SAROJ, VELLAYAMBALAM, SATHAMANGALAM PO., THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. W.A.NO.1668/2008 -2- RESPONDENTS/PETITIONERS & RESPODNENT NO.3 IN THE WP: ---------------------------------------------------------------------------------------------- 1. SAROJINI AMMA @ BABY SAROJAM, W/O.KRISHNANKUTTY NAIR, AGED 71 YEARS, . RESIDING AT 7C2/1076, CHARUVILAKATHUY VEEDU,PRRA NO.60, PAZHAYA ROAD, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 2. KURIAN EPEN, S/O.JOHN EPEN, AGED 62 YEARS, RESIDING AT MALIECKKAL HOUSE, PRRA NO.66, C2 1077(1) PAZHAYA ROAD, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. KUNJELIAMMA KURIAN, W/O.KURIAN EPEN, AGED 52 YEARS, RESIDING AT .MALIECKKAL HOUSE, PRRA NO.66, C2 1077(1), PAZHAYA ROAD, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. THE SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. R1TO R3 BY ADV.SRI.J.S.AJITH KUMAR R4 BY STANDING COUNSEL SRI.K.A.JALEEL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1668 of 2008 ---------------------------------------------- Dated, this the 14th day of October, 2008 JUDGMENT H.L.Dattu, C.J. State, being aggrieved by the orders passed by the learned Single Judge in W.P.(C) No.29140/2007 dated 26th March, 2008 is before us in this appeal. The learned Single Judge has disposed of the writ petition with the following orders/directions. They are as under: i). Section 6(1) declaration, so far as it relates to petitioners in these three writ petitions alone are quashed. ii). There will be a direction to the respondents 1 to 4 to conduct a thorough re-survey of the entire stretch starting from Ulloor Junction till Pattom Junction. It shall be conducted in the presence of senior officers of District Collector's office, office of the Superintendent of Survey and the senior officers of TRIDA. It is also open to the 2nd respondent to seek the assistance of the Kerala Road Front Board, who prepared the alignment, in conducting the re- survey. iii). Notice shall be given to the Director of Vigilance and Anti Corruption Bureau, so as to enable him to depute the team constituted by him while the re-survey being conducted. W.A.No.1668/2008 -2- iv). The District Collector, Thiruvananthapuram, shall take necessary steps to conduct the re-survey. v). Petitioners shall also be given notice regarding the re- survey. vi). There will be a direction to the respondents to complete the re-survey, in accordance with the above directions, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment, and thereafter issue fresh declaration under Section 6 (1) of the Act, so far as the petitioners are concerned in respect of land demarcated after re-survey. vii). In case, it is revealed that the Government sustained any loss, on account of this acquisition so far effected, such loss shall be recovered in accordance with law from the officers who are responsible for it. viii). Copies of the judgment shall be forwarded to respondents 1 and 3 who shall communicate copies of this judgment to all Heads of departments and District Collectors and Superintendent of Survey and Land Records for strict compliance, and also for necessary action. Copies of the judgment shall be forwarded to the Director of Vigilance and Anti Corruption Bureau and also to the Kerala State Road Fund Board for information and necessary action.” 2. Further, the learned Single Judge has imposed exemplary costs on the respondents,appellants herein for various acts of W.A.No.1668/2008 -3- omissions and commissions said to have been committed by them. 3. Now, a statement/memo is filed by the Deputy Collector, Land Acquisition, Thiruvananthapuram. The statement reads as follows: “ The appellants hereby humbly submit that they shall abide by the directions contained in the impugned judgment dated 26.3.2008. The appellants further pray that the the direction to the State Government to pay cost may be recalled.” 4. The State Government/respondents in the writ petition is now prepared to comply with all the conditions imposed by the learned Single Judge while disposing of the writ petition, and, further, they make a request to us to delete the cost imposed by the learned Single Judge while disposing of the writ petition. 5. The statement/memo filed by the Deputy Collector, Land Acquisition, Thiruvananthapuram is placed on record. 6. In view of the statement/memo filed by the Deputy Collector, Land Acquisition, Thiruvananthapuram, in our opinion, nothing survives in this writ appeal for our consideration and decision. W.A.No.1668/2008 -4- Therefore, the writ appeal is disposed of, as having become unnecessary. 7. In the peculiar facts and circumstances of the case, in our opinion, if the cost imposed by the learned Single Judge is deleted, it will not cause any prejudice to the party respondents. Accordingly, we delete the imposition of cost by the learned Single Judge on the authorities of the State Government. The appellants are granted two months' time to comply with the second direction issued by the learned Single Judge. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS