IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 3696 of 2009(M) ------------------------- PETITIONER: --------------- JAIN RAJ, S/O.LATE DEVADANAM, RESIDING AT GRACE BLOSSOM, EDAKALODE, PALLICHAL VILLAGE, NEMOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LAND REVENUE DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE SPECIAL TAHSILDAR (L.A.) GENERAL, GOVT. OF KERALA, THIRUVANANTHAPURAM. SR. GOVERNMENT PLEADER, SRI.BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.3696/2009 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE TAX RECEIT DT. 24.9.2008. EXT.P2: COPY OF PHOTOGRAPH EXT.P3: COPY OF THE LETTER DT.29.1.2009 FROM THE VILLAGE OFFIER, VIZHINJAM, TRIVANDRUM. EXT.P3(a): COPY OF THE GOVERNMENT ORDER DT. 4.7.2007 EXT.P4: COPY OF THE GOVERNMENT ORDER DT. 26.2.2008. EXT.P5: COPY OF THE LETTER DT.3.3.2008 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: COPYOFTHE ORDER DT.1.4.2008 OF THELAND REVENUE COMMISSIONER. EXT.P7: COPY OF THE NOTIFICATION UNDER SECTION 4() DT.11.4.2008 ISSUED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE NOTIFICATION UNDER SECTION 6 DATED 10.4.2008 ISSUED BY THE 4TH RESPONDENT. EXT.P9: COPY OF THE NOTICE DT.15.10.2008 ISSUED BY THE 4TH RESPONDENT. EXT.P10: COPY OF THE LETTER DT.5.2.2009 ISSUED BY THE ADDITIONAL TAHSILDAR & PUBLIC INFORMATION OFFICER, NEYYATINKARA TO THE PETITIONER. EXT.P11: COPY OF THE JUDGMENT DT.24.10.2005 IN W.P.(C) NO.27917/2004. EXT.P12: COPY OF THE LETTER DT.30.1.2006 FROM THE DISTRICT COLLECTOR TO THE TAHSILDAR. EXT.P13: COPY OF THE LETTER DT.24.2.2006 FROM THE ADDL.TAHSILDAR TO THE DISTRICT COLLECTOR. EXT.P14: COPY OF THE LIST PREPARED BY THE PANCHAYAT. EXT.P15: COPY OF THE LETTER DT.14.9.2007 FROM THE DISTRICT COLLECTOR TO THE PRIVATE SECRETARY TO THE CHIEF MINISTER. W.P.(C) No.3696/2009 RESPONDENT'S EXTS: EXT.R3(a): COPY OF THE GOVERNMENT ORDER DT.09.08.2007 EXT.R3(b): COPY OF THE GUIDELINES. EXT.R3(c): COPY OF THE LETTER TO GOVT. OF INDIA DT.17.11.2008. //TRUE COPY// PA TO JUDGE K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------------- W.P.(C) No. 3696 OF 2009 -------------------------------------- Dated, this the 30th day of June 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner purchased 35 cents of land in Vizhinjam Village in Trivandrum District on 6.9.2008. This Writ Petition is filed by him challenging the proceedings of the respondents to acquire the said land. The respondents point out that land acquisition proceedings to acquire the said property was at an advanced stage when the petitioner purchased the property. For implementing Tsunami Rehabilitation Programme, this land was identified as one of the sites to be acquired. The notification under Section 4(1) of the Land Acquisition Act was published in due course and Section 6 declaration was made on 11.4.2008. Thereafter, the land was purchased by the petitioner on 6.9.2008. The award enquiry notice under Section 9(3) was issued on 25.10.2008 and the award was passed on 15.12.2008. Thereafter, the petitioner, who purchased property during the middle of the acquisition proceedings, filed the present Writ W.P.(C) No.3696/2009 2 Petition on 3.2.2009. In view of the above position, the respondents prayed for dismissing the Writ Petition as not maintainable. 2. The learned counsel for the petitioner met the said contention pointing out that his predecessor-in-interest has already filed a W.P.(C) No.19773/2008 on 30.6.2008 challenging Section 4(1) notification. His predecessor tried to implead the writ petitioner in that petition. But, the learned Single Judge dismissed the Writ Petition on 30.9.2008 giving liberty to the petitioner herein to file a fresh Writ Petition. Thereupon, he filed W.P.(C) No.29904/2008, which was withdrawn with liberty to file a fresh Writ Petition on 30.1.2009. Thereafter, the present Writ Petition was filed. Since the Writ Petition filed by his predecessor-in-interest was dismissed with liberty to the petitioner to file a Writ Petition, it is submitted that W.P.(C) No.29904/2009 was maintainable. If that is maintainable, the present Writ Petition is also maintainable, it is submitted. 3. The fact that the learned Single Judge give liberty to the petitioner to file a Writ Petition does not mean that the Writ W.P.(C) No.3696/2009 3 Petition is maintainable. The learned Single Judge did not consider whether the Writ Petition was maintainable or not. So, its maintainability can be considered by this Court now. 4. We notice that the declaration under Section 6 was 11.4.2008 and the petitioner purchased the property only on 6.9.2008. Thus, he came to the field, five months after the declaration made by the Land Revenue Commissioner under Section 6 of the Land Acquisition Act. The petitioner has not only purchased the property but also a litigation. Having regard to the said conduct of the writ petitioner, we are not inclined to consider the contentions raised by him on merits. The fact that the petitioner came to be the owner of the property only after the declaration under Section 6 also dis-entitles him from invoking the discretionary jurisdiction of this Court. Accordingly the Writ Petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps