IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 3883 of 2010(I) ------------------------- PETITIONER(S): --------------- 1. COCHIN PAPER AND BOARDS PVT.LTD., BRAHMAPURAM.P.O, AMBALAMEDU, KOCHI-682 303, REPRESENTED BY DIRECTOR, MR.ABRAHAM CYRIAC, NJAVALLY HOUSE, MARADU.P.O, ERNAKULAM. 2. BENOY CYRIAC, DIRECTOR, COCHIN PAPER AND BOARDS PVT.LTD., NJAVALLY HOUSE, THYKKOODAM, ERNAKULAM. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE SPECIAL TAHSILDAR (L.A), COCHIN CORPORATION, VYTTILA, COCHIN-19. 5. THE CORPORATION OF COCHIN, KOCHI-11, REPRESENTED BY ITS SECRETARY. 6. THE SECRETARY, CORPORATION OF COCHI, ERNAKULAM, KOCHI-11. BY GOVT. PLEADER SMT. KR. DEEPA SC FOR CORPORATION SRI.S. RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3883 OF 2010(I) -------------------------------------------------- Dated this the 5th day of February, 2010 J U D G M E N T Prayer sought by the petitioners is to direct the respondents to exempt from acquisition 1.93 acres of their land situated in Sy. No.35/15 of Puthencruz village, which is notified for acquisition under the Land Acquisition Act. According to the petitioners, with this request, they moved the Corporation by filing Exts.P4 and P6. It is also stated that to their representation to the Land Revenue Commissioner, they got Ext.P7 reply stating that action can be taken on the representation only depending upon the response of the requisitioning authority the Corporation of Cochin. 2. From this it is evident that the Land Revenue Commissioner is awaiting for the response of the Corporation and at the same time it is seen that Ext.P6 representation made by the petitioner before the Corporation is pending consideration of the Corporation. Therefore, at this stage, it is for the Corporation to decide on the representation of the petitioner and convey their decision in the matter to the Land Revenue Commissioner so that appropriate WPC.No.3883 /2010 :2 : action can be taken on the matter. 3. In view of the above the writ petition is disposed of with the following directions. 4. Respondents 5 and 6 before whom Ext.P6 representation is pending shall take a decision on Ext.P6 as expeditiously as possible and at any rate within 4 weeks form the date of production of a copy of the judgment. The decision so taken by them shall be conveyed to the 2nd respondent for taking a final decision on the request made by the petitioners for excluding the aforesaid property from the acquisition proceedings already initiated. Petitioners shall produce a copy of the judgment before respondents 5 and 6 for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.3883 /2010 :3 :