IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(C).No. 8343 of 2011(P) ------------------------- PETITIONER(S): --------------- V.BABU, S/O.VELAYUDHAN, AGED 60 YEARS, PULIMOOTTIL VEEDU, CHERUKUNNAM, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM- 695 035. 2. THE SPECIAL TAHASILDAR, ADDITIONAL L.A.UNIT, VANCHIYOOR, THIRUVANANTHAPURAM - 695 035. 3. THE SECRETARY, VARKALA MUNCIPALITY, VARKALA.P.O., THIRUVANANTHAPURAM - 695 141. BY G.P.SMT.K.K.DEEPA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.8343 of 2011 ---------------------------- Dated 8th April, 2011 JUDGMENT The petitioner is the absolute owner of the property having an extent of 4.86 Ares comprised in Survey No.569/3 of Varkala Village. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the second respondent to pass award with regard to the land value and compensation of the property comprised in Survey No.569 of Varkala Village and disburse the amount to the petitioner expeditiously. The alternative prayer is to quash Ext.P3 notification to the extent it relates to the property covered by Ext.P1 document in case the said property is not required for a public purpose. When this matter is taken up for consideration, the learned Government Pleader, upon instructions, submitted that the property belonging to the petitioner comprised in the aforesaid survey number has already been included as an item of property which is required to be acquired and for that purpose a notification under section 4(1) of the Land Acquisition Act has been issued in the extraordinary Gazette No.560 dated 10.3.2010. According to the respondents, the extent of the property proposed to be acquired from the petitioner is having only an extent of 4.76 Ares. As already noticed, according to the petitioner, it is, in fact, 4.86 Ares. Be WP(C).No.8343/2011 2 that as it may, the property belonging to the petitioner comprised in Survey No.569/3 of Varkala Village is now included as an item of property which is required to be acquired and for that purpose a notification under section 4(1) of the Land Acquisition Act has already been issued. Taking into account the prayer of the petitioner as mentioned above, nothing survives for consideration in this writ petition as the respondents have already initiated steps for acquiring the property belonging to the petitioner comprised in the aforesaid survey number. In the said circumstances, recording the said submission made by the learned Government Pleader, this writ petition is closed. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge