IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 5170 of 2008(M) ------------------------- PETITIONER: --------------- K.M.AZEEZ, AGED 62 YEARS, S/O.LATE SRI.MUHAMMED, KALAVATHPARAMBU, EDACHIRA, THENGODU P.O., ERNAKULAM DISTRICT PIN 682 021. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SPECIAL SECRETARY, INFORMATION TECHNOLOGY DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL LINES, KAKKANAD, PIN 682 030., 3. DEPUTY COLLECTOR (LA), ERNAKULAM, CIVIL LINES, KAKKANAD, PIN 682 030. 4. THE VILLAGE OFFICER, KAKKANAD, PIN 682030. BY SR. GOVT. PLEADER MR.D.ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008 ALONG WITH WPC NO. 7776 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC NO.5170/08) PETITIONER'S EXTS.: EXT.P1: PHOTOSTAT COPY OF THE PATTA NO.10743 ISSUED BY THE TAHSILDAR, KANAYANNUR TALUK. EXT.P2: A PHOTOSTAT COPY OF THE LAND TAX RECEIPT FOR THE YEAR 2007-08. EXT.P3: A PHOTOSTAT COPY OF THE G.O.(MS)NO.12/07 ISSUED BY THE 1ST RESPONDENT. EXT.P4: A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5: A PHOTOSTAT COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT. EXT.P6: A PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7: A PHOTOSTAT COPY OF THE REPORT OF THE 4TH RESPONDENT. EXT.P8: A PHOTOSTAT COPY OF THE LIST PREPARED BY THE 2ND RESPONDENT STATING THE PERSONS ENTITLED TO GET BENEFIT UNDER CLAUSE 1 IN EXT.P3. EXT.P9: A PHOTOSTAT COPY OF THE LIST PREPARED BY THE 2ND RESPONDENT STATING THE PERSONS ENTITLED TO GET BENEFIT UNDER CLAUSE 2 IN EXT.P3. RESPONDENTS EXTS. (2ND RESPONDENT): ANNEXURE I: A TRUE COPY OF THE DETAILS OF LAND REGARDING AN EXTENT OF LAND OWNED BY 31 PERSONS. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.5170 and 7776 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 10th December, 2008 JUDGMENT The grounds raised by the petitioners in both the Writ Petitions are identical. According to them, more than 15 cents of land were acquired from their possession for the purpose of Smart City Project. They claim that they are entitled for rehabilitation benefit as per clause (3) of Ext.P3 Government Order produced in W.P.C.No.5170/08. Even though pleadings have been raised in detail in both the cases, I do not propose to examine the petitioners claim on their merits. Ext.P5 in W.P.C.No.5170/08 is the order of the District Collector by which the District Collector has rejected the request of the petitioner in W.P.C.No.5170/08 for extension of the benefit as per clause (3) of Ext.P3 Government Order. It is seen that Ext.P5 is a cryptic order and does not give the reasons. Under the above circumstances, I quash Ext.P5 and direct the District Collector, Ernakulam to hear the petitioners in both the Writ Petitions again on their claims for extension of the benefits conferred under clause (3) of Ext.P3 G.O. in W.P.C.No.5170/08 to them and take a fresh decision within one month of receiving copy of this judgment. The order to be passed by the District Collector pursuant to this judgment shall be a W.P.C.Nos.5170 & 7776/08 - 2 - reasoned one so that even if the order comes to be against the petitioners, they will come to know what are the reasons for rejecting their claim. The petitioners are permitted to submit written notes of arguments as well as copies of all the documents relied on by them in this court before the District Collector. The Writ Petitions are disposed of as above. srd PIUS C.KURIAKOSE, JUDGE