IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 34993 of 2008(N) -------------------------- PETITIONER(S): --------------- P.A. SAITHU, AGED 53 YEARS, S/O. ALAVI, PUNNUR HOUSE, BHOOTHATHANKETTU.P.O, KOTHAMANGALAM. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. THE EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION DEPARTMENT, BOOTHATHANKETTU. 2. THE ASSISTANT EXECUTIVE ENGINEER, PERIYAR VALLEY IRRIGATION DEPARTMENT, BHOTHATHANKETTU. BY GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.34993 OF 2008 ------------------------ Dated this the 4th day of February, 2009. JUDGMENT In 1979, 3.25 cents of land including a house comprised in R.S. No.500/1A was acquired for the purpose of Periyar Valley Irrigation Project, invoking the provisions of the Land Acquisition Act. Petitioner now submits that the land has not been used for the purpose for which it was acquired and therefore the land should be re conveyed. 2. The learned Government Pleader now submits that the area has been declared as a tourism project area and that the land is now proposed to be transferred by the revenue authorities to the local Panchayat, for the purpose of setting up a comfort station. 3. As noticed, the land was acquired in 1979 invoking the provisions of the Land Acquisition Act. Land was acquired for a public purpose and it is for yet another WP(c).No.34993/08 /2/ public purpose that the land is now proposed to be transferred. In any case the land owner whose land has been acquired and compensation has been paid cannot claim reconveyance of the land. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/