IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 WP(C).No. 25443 of 2010(E) -------------------------- PETITIONER: --------------- M.M.JEEVAN, S/O.MADHAVAN, AGED 60 YEARS, "ARUNA", PERUMPAYIKKADU P.O., NELLIMANGALAM, KOTTAYAM - 28. BY ADV. SRI.B.RENJITHKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM - 1. 2. DISTRICT COLLECTOR, KOTTAYAM 686 001. 3. THE EXECUTIVE ENGINEER, P.W.D. BRIDGES AND ROADS, KOTTAYAM 686 001. BY GOVT. PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 25443 OF 2010 -------------------------- Dated this the 17thday of September, 2010 J U D G M E N T The main relief sought in this writ petition is as follows: “A. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to avoid the acquisition of the property of the petitioner in Re.Sy.No.152/1 of Perumpayikkad Village in Kottayam District and 2.1 are of property of the wife of the petitioner in Re.Sy.No.151/10, 11 of the said Village.” 2. The learned Government Pleader appearing for the respondents submits that though a requisition has been received from the Executive Engineer, PWD Roads, Kottayam on 5.3.2010, the section 4(1) notification has not yet been issued. In such circumstances, I am of the opinion that the petitioner should wait for the section 4(1) notification to be issued before challenging the acquisition. The writ petition is accordingly dismissed as premature without prejudice to the right of the petitioner to challenge the acquisition, as and when the section 4(1) notification under the Land Acquisition Act is issued. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2