IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 7248 of 2009(A) ------------------------- PETITIONER(S): --------------- B.V.L.P. SCHOOL, ANARI, CHERUTHANA P.O. ALLEPPEY DIST. THROUGH ITS MANAGER, SUBRAMANIAN NAMBOODIRI, AGRICULTURIST, RESIDING AT PUNNASSERIL KARINGAMAN MADHOM, ANARI, CHERUTHAN PO KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.MOHAMMED KUNHI RESPONDENT(S): --------------- 1. STATE OF KERALA THROUGH THE SECRETARY, MINISTRY OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL TAHSILDAR (LA) RAILWAY, KAYAMKULAM, ALAPPUZHA DISTRICT. 3. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADV. SRI.N.B.SUNIL NATH, SC, RAILWAYS FOR R3 GOVT. PLEADER SRI. K.V.MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 7248 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th March, 2009. J U D G M E N T The petitioner is the manager of a school. Part of the school properties are sought to be acquired for the purpose of railways. The petitioner is aggrieved by the same. The petitioner is particularly aggrieved by the invoking of the emergency clause. According to the petitioner, there is no urgency warranting invoking of the emergency clause. Therefore, the petitioner submits that he must be afforded an opportunity of being heard before the proposal for acquisition can be finalised. 2. The learned Government Pleader submits that if this Court is inclined to direct the respondents to grant the petitioner an opportunity for hearing, the same may be under Section 15A of the Land Acquisition Act. This is agreeable to the petitioner. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner or his representative with due authorisation shall present himself for a hearing under Section 15A on 30-3-2009 before the 1st respondent . On that day, or on an adjourned date, which shall be within two weeks therefrom, the 1st respondent shall hear the petitioner under Section 15A of the Land Acquisition Act and pass an order within two weeks thereafter, which shall be intimated to the petitioner. Further proceedings under the Land Acquisition Act shall be in accordance with that order. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.