IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 38019 of 2008(A) --------------------------------------- PETITIONER(S): ------------------------ 1. ACHUTHA KURUP, S/O. PARAMESWARAN NAIR, SREEVALSAM, T.C 20/585 (OLD) T.C. 48/581, HOUSE NO. E-54, EAST KARAMANA, THIRUVANANTHAPURAM. 2. SARASWATHI AMMA, W/O. ACHUTHA KURUP, SREEVALSAM, T.C 20/585 (OLD) HOUSE NO. E-54, EAST KARAMANA, THIRUVANANTHAPURAM. BY ADV. MR.GOPAKUMAR R.THALIYAL RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR LAND ACQUISITION (GENERAL), THIRUVANANTHAPURAM. 4. V.G. LATHA, SARAVAN, SOORYA GARDENS, NEDUMACADU, KARAMANA.P.O, THIRUVANANTHAPURAM. 5. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. R1, R3 & R5 BY GOVERNMENT PLEADER SMT. K.R. DEEPA R2 BY ADV. MR.P.K.MANOJKUMAR R4 BY ADV .MR.G.SUDHEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38019/2008 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 18/06/2004 IN O.S.NO.139/2003 OF THE 2ND ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. P2: COPY OF THE GAZETTE DTD. 6/12/2005. P3: COPY OF THE OBJECTION DTD. 31/12/2005 FILED BY THE 1ST PETITIONER. P4: COPY OF THE JUDGMENT DTD. 7/08/2007 OF THIS HONOURABLE COURT IN W.P.C.NO.4649/2006. P5: COPY OF THE NOTICE ISSUED TO THE PETITIONER DTD. 27/11/2008. P6: COPY OF THE ORDER DTD. 10/12/2008 ISSUED BY THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: R4(A): COPY OF NOTICE NO.LRC-1-6569/08 DTD. 27/11/2008 ISSUED BY LAND REVENUE COMMISSIONER. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38019 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of June, 2009. JUDGMENT 1.The petitioners raise a complaint regarding a proposal to acquire a parcel of land. The matter reached this Court and Ext.P4 judgment was issued striking down the invocation of the emergency clause and leaving open for consideration, the need for the acquisition. 2.The Deputy Collector, LA appears to have made a report essentially against the proposed acquisition. This is apparent from the third paragraph of the impugned Ext.P6 whereby the Land Revenue Commissioner overruled the objections of the petitioners but the impugned decision is rendered on the ground that the counsel appearing for the petitioners did not appear to argue but had sought adjournment and that being a land WP(C)38019/2008 -: 2 :- acquisition matter, it cannot be delayed. 3.The petitioners have a case that the acquisition is only for the purpose of helping a vested private interest and the proposal is only in furtherance of the commercial interest of that person. Whatever that be, having regard to the opinion of the Deputy Collector, LA, Thiruvananthapuram who conducted site inspection, it was only proper that the Land Revenue Commissioner ought to have taken a complete stock of the relevant materials and concluded as to whether the particular land in question is required for the particular purpose and whether such particular purpose would amount to a public purpose for the purpose of the Land Acquisition Act, 1894. Short of it, the impugned decision fails. The same is accordingly set aside. Taking note of the fact that the Corporation has filed a counter affidavit, it is appropriate that the Land Revenue Commissioner expedites the fresh WP(C)38019/2008 -: 3 :- consideration of the issue. Let this be done within an outer limit of four months from the date of receipt of a copy of this judgment. To enable this, the parties are directed to mark their appearance before the Land Revenue Commissioner on the 1st of July, 2009 so that, that officer can fix an appropriate date for hearing. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/170609