IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST FEBRUARY 2007 / 2ND PHALGUNA 1928 WP(C).No. 11696 of 2006(P) -------------------------- PETITIONER: ------------ R.AYYANADAR KARTHIK, S/O.A.RAMAMURTHY, AGED 30 YEARS, `BHAVADHARINI', 417, OLD NO.85, KAMARAJ ROAD, SIVAKASI, 626 123, TAMILNADU. BY ADV. SRI.V.RAMKUMAR NAMBIAR SMT.A.S.SUVITHA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, THALASSERY. 3. THE LAND ACQUISITION OFFICER, THALASSERY. *ADDL.R4 & R5 ARE IMPLEADEAD: R4. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR. (ADDL.R4 IS IMPLEADED AS PER ORDER DTD.12/07/2006 IN WPC) R5. THE DHARMADOM PANCHAYATH, REPRESENTED BY ITS SECRETARY, DHARMADOM. (ADDL.R5 IS IMPLEADED AS PER ORDER DTD.24/08/2006 IN WPC) BY GOVERNMENT PLEADER SRI. L.G. SURESH BABU BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY for R4 SRI.LAL GEORGE for R5 SRI.ANIMON A. JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.11696/2006 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD. 7/04/2004 IN WP(C) NO.11013/2004. EXT.P2: COPY OF THE NOTICE DTD. 17/05/2004 ISSUED BY THE RESPONDENTS 2 AND 3. EXT.P3: COPY OF THE SUBMISSIONS MADE BY THE PETITIONER ON 4/06/2004 ALONG with THE SURVEY PLAN OF RS.4/1(A), 4/2(A), 4/3,4/4 AND 4/5. EXT.P4: COPY OF THE SECTION 6 DECLARATION PUBLISHED IN THE OFFICIAL KERALA GAZETTE DTD. 4/02/2005 WHICH WAS RECEIVED BY THE PETITIONER ON 19/04/2006. EXT.P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 19/04/2006 IN PURSUANCE OF WHICH HE WAS GIVEN EXT.P4 PUBLICATION BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE NOTICE UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT ISSUED TO THE PETITIONER. EXT.P7: COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER ON 18/04/2006 BEFORE THE 3RD RESPONDENT. EXT.P8: COPY OF THE CERTIFICATE ISSUED BY THE SPECIAL GRADE SECRETARY DHARMADAM PANCHAYATH. 4TH RESPONDENT'S EXHIBIT: EXT.R4(A): COPY OF THE REQUISITION SKETCH OF THE LAND PROPOSED FOR ACQUISITION TO KANNUR UNIVERSITY IN RS.NO.4/3.4.5 AT PALAYAD DESOM, DHARMADAM VILLAGE, THALASSERY TALUK. 2ND RESPONDENT'S ANNEXURE: ANNEXURE R2(A): COPY OF THE LETTER NO.PLD/DO/796/02 DTD.6.7.2004. /TRUE COPY/ Kss M.SASIDHARAN NAMBIAR,J. -------------------------- W.P.(C)NO.11696 OF 2006 ------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2007 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing second respondent, Revenue Divisional Officer to consider the contention of accessibility of petitioner to his property raised in Ext.P7 application. As per order of this Court dated, 25.4.06, it was made clear that petitioner has no objection as against the acquisition. But his apprehension was that he would have no access to the rest of his property, if the acquisition is made, as there is no other way. As per order dated 24.8.06, this Court found that fourth respondent University made a meaningful suggestion to provide direct access to the remaining property of petitioner. In the light of these developments, it is proper to direct second respondent to consider Ext.P7 application filed by petitioner and pass appropriate orders, before passing the award. This writ petition is disposed of directing second respondent to consider the complaint of petitioner that he will lose his accessibility to his remaining property, if the acquisition is made and pass appropriate W.P.(c)11696/06 2 order in accordance with law, within one month from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR,JUDGE Acd