IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29864 of 2008(E) -------------------------- PETITIONER: --------------- M. HASSAN, KANIS BANGLOW, MADRASA LANE, SASTHAMANGALAM, TRIVANDRUM. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. DEPUTY COLLECTOR (LA), COLLECTORATE, THIRUVANANTHAPURAM. 4. TAHSILDAR (LA), ADDITIONAL LAND UNIT, VANCHIYOOR, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29864 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 14th October, 2008 JUDGMENT The grievance voiced by the petitioner is that Ext.P1 request made by him under Section 49 of the Land Acquisition Act for the acquisition of the entirety of the building belonging to him, portion of which is notified to be acquired, is not being considered. Counsel for the petitioner submits that the District Collector is insisting that the site of the building sought to be acquired under Ext.P1 should also be taken possession. It appears to me that the Collector's stand has the support of the judgment of the Full Bench of this court in Saramma Itticheriya v. State of Kerala (2008(1) KLT 6). Under the above circumstances, this Writ Petition is disposed of issuing the following directions: The District Collector before whom Ext.P1 has been submitted by the petitioner, shall immediately make over Ext.P1 to the 4th respondent so that the 4th respondent can take up Ext.P1 and pass orders on the same in accordance with law. Once the original of Ext.P1 is received by the 4th respondent, the 4th respondent will issue notice to the petitioner and also to the requisitioning authority, hear both of them and take a correct decision. While taking decision the 4th W.P.C.No.29864/08 - 2 - respondent shall have due regard to the Full Bench judgment of this court in Saramma Itticheriya v. State of Kerala (supra). The above directions shall be complied with within two months of receiving copy of this judgment. srd PIUS C.KURIAKOSE, JUDGE