IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 29848 of 2009(A) -------------------------- PETITIONER(S): --------------- GURUVAYUR DEVASWOM EMPLOYEES' ASSOCIATION,REP.BY ITS SECRETARY C.V.VIJAYAN. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, GURUVAYUR DEVASWOM,GURUVAYUR. 3. THE GURUVAYUR DEVASWOM MANAGING COMMITTEE,REP.BY ITS ADMINISTRATOR. 4. THE ADMINISTRATOR, GURUVAYUR DEVASWOM,GURUVAYUR. 5. THE DISTRICT COLLECTOR,TRICHUR. Addl.R6- GURUVAYUR MERCHANTS ASSOCIATION, REP. BY ITS PRESIDENT T.N.MURALI, S/O. ... GURUVAYUR. ADDR7- K.K.VASUDEVAN NAMBOODIRI, AGED 46 YEARS, S/O.K.KRISHNAN NAMBOODIRI, KODACKATTU MANA, VADAKKENADA, GURUVAYUR. ADV. SRI.P.RAMACHANDRAN FOR ADDL.R6 SRI.RENJITH B.MARAR FOR ADDL.R7 SRI.L.RAJESH NARAYAN FOR ADDL.R7 SMT.LAKSHMI.N.KAIMAL FOR ADDL.R7 SMT.P.A.PRIYA FOR ADDL.7 GOVERNMENT PLEADER SRI.V.KRISHNA MENON FOR R3, R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ================================================== W.P.(C)No.29848 of 2009 ================================================== Dated this the 30th day of March, 2010. JUDGMENT Ramachandran Nair, J. 1.This Court, through separate judgments, directed acquisition of land within 100 metres from the outer walls of Guruvayur temple for the purpose of the temple. As of now, acquisitions have been completed only upto 25 metres and the acquisition of balance 75 metres are delayed. This writ petition is filed by the very same petitioners, who are petitioners in the earlier writ petitions for appropriate direction to comply with the judgment. 2.We have heard learned counsel appearing for the Guruvayur Devaswom and also the learned WPC29848/09 -:2:- Government Pleader for the State. 3.The additional respondents impleaded are the land owners within 100 metres, whose land will be acquired, if the judgments are complied with. The Government has, in fact, issued Ext.P8 order dated 28.11.2008 itself approving acquisition of land in terms of the judgments of the High Court, both of which are referred to in the Government Order produced as Ext.P8 in this writ petition. The reason for the delay is clear from Ext.P9 by which Government has, on 5.8.2009, constituted a committee to go into the problems relating to acquisition in terms of the judgments approved by the Government. It is seen from Ext.P9 that, the Government intended the committee to look into the problems of those affected by acquisition within two months from the date of the Government Order. Even though more than six months' have WPC29848/09 -:3:- elapsed after the constitution of the committee, the committee does not appear to have come out with any concrete proposal for redressing the problems of the land owners. We do not think that the acquisition should be delayed on account of the committee's inaction or failure to redress the problems of the land owners. In our view, land owners are entitled to get compensation and beyond that, it is for the Government to see what more the land owners have to be provided. However, the acquisition, based on the judgments, which is approved by the Government, should continue without any delay as the same was found to be for the interest of lakhs of devotees visiting the temple. We, therefore, dispose of this writ petition by directing the land acquisition authorities to issue notification, based on the recommendation of the Devaswom and all acquisition proceedings should be completed, WPC29848/09 -:4:- without any further delay. In between, it is for the committee or the Government to expedite steps for rehabilitation or whatever assistance the Government and the committee want to render to the land owners, besides compensation, if they are otherwise entitled. The acquisition should be notified within a period of three months from the date of receipt of a copy of this judgment. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.