IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 8490 of 2011(I) ------------------------------------- PETITIONER(S): ------------------------- GEORGE MATHEW, S/O.MATHEW POONOOLLIL, 14/F, LINK HIGHTS, PANAMPILLY NAGAR, KOCHI- 682 036. BY ADVS. SRI.P.J.MATHEW, SRI.THOMAS JOHN AMBOOKEN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION P.O., KAKKANAD, ERNAKULAM - 682 030. 3. SPECIAL TAHASILDAR, LAND ACQUISITION (RAILWAY), PERUMBAVOOR 0 683 542. 4. THE CHIEF ENGINEER/CONSTRUCTON, SOUTHERN RAILWAYS, ERNAKULAM JUNCTION (REQUISITIONING AUTHORITY) - 682 016. 5. THE SOUTHERN RAILWAYS REPRESENTED BY THE GENERAL MANAGER, PARK TOWN, SOUTHERN RAILWAYS HEAD QUARTERS, CHENNAI. R1 TO R3 BY GOVERNMENT PLEADER SRI. RAFEEQUE V.K. R4 & R5 BY ADV. SRI.C.S.DIAS,,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8490/2011 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE S.4(1) NOTIFICATION WAS PUBLISHED IN EXTRAORDINARY GAZETTE DTD. 20/03/2007. P2: COPY OF THE EXTRAORDINARY GAZETTE S.6(1) NOTIFICATION DTD.07/08/2008. P3: COPY OF THE GOVERNMENT ORDER DTD. 15/01/2008. P4: COPY OF THE SPECIAL TAHASILDAR LA (RAILWAYS) PERUMBAVOOR, TO THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM. P5: COPY OF THE JUDGMENT DTD. 06/04/2010. P6: COPY OF THE LETTER DTD. 17/08/2010 OF THE 4TH RESPONDENT (REQUISITIONING AUTHORITY) TO THE DISTRICT COLLECTOR. P7: COPY OF THE LETTER DTD. 30/08/2010 FROM THE COLLECTOR WITH COPY TO 3RD AND 4TH RESPONDENTS. P8: COPY OF THE JUDGMENT DTD. 20/12/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.8490 Of 2011 ---------------------- Dated this the 18th day of October, 2011. J U D G M E N T The writ petition is filed seeking a direction commanding the respondents to finalise the acquisition proceedings and disburse the the compensation of Rs.1,84,66,136/- as per Ext.P4 and for other incidental reliefs. 2. The standing counsel for Railways filed a statement dated 27.9.2011. In paragraph 2 of the statement it is stated as follows: “It is submitted that Railway Board, by letter No.93/W/Survey/SR/11 dated 19.7.2011 has communicated that Ministry of Railways has sanctioned to incur expenditure of Rs.32 Crores for the land acquisition up to Kalady pending sanction of the detailed estimate and legal opinion and vetting by the legal department of Railways. The genuineness of land will be ascertained by Railways. It was also mentioned that these issues will be with the concurrence of the Finance Directorate of Railways”. In view of the stand taken by the Ministry of Railways that of Rs.32 Crores have been sanctioned for the land acquisition up to Kalady, no further orders are necessary in the writ petition and accordingly it is closed. HARUN-UL-RASHID, Judge. bkn/-