IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 18152 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. P.K.JAYARAJAN,S/O.P.KUTTAPPA, PUDUSSERRY HOUSE,GURUVAYOOR PO,CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. P.K.RAVINDRAN,S/O.P.KUTTAPPA, PUDUSSERRY HOUSE,GURUVAYOOR PO,CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. DR.K.P.KYLASANATHA PILLAY, SENIOR ADVOCATE SMT.SREEDEVI KYLASANATH SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR(LA), GURUVAYOOR DEVASWOM, GURUVAYOOR. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING,THIRUVANANTHAPURAM. 4. GURUVAYOOR DEVASWOM-REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR. 5. THE GURUVAYOOR DEVASWOM EDUCATIONAL SOCIETY, REPRESENTED BY ITS SECRETARY,GURUVAYOOR. ADV.SHRI V.KRISHNA MENON FOR R1, R4 & R5 SR.GOVT.PLEADER SHRI A.J.VARGHESE FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.18152 of 2010 --------------------------------- DATED THIS THE 18th DAY OF JUNE, 2010 JUDGMENT The petitioners herein are owners of certain properties having an extent of 2.10 Acres situated in Guruvayoor Village. The said properties were sought to be acquired for the purpose of the Devaswom, viz, for the purpose of CBSE English Medium School run by the Devaswom as per notification under Section 4 (1) of the Land Acquisition Act, produced as Exhibit P1. It is not necessary to go into the details of the proceedings in the light of the fact that the challenge against acquisition proceedings has culminated in Exhibit P3(d) order in R.P.No.1384/10 by a Division Bench of this Court. Earlier the Division Bench dismissed the Writ Petition as per Exhibit P3 judgment upholding the land acquisition proceedings. It was made clear that the respondents are free to continue with the land acquisition proceedings in accordance with law. In the Review Petition, this Court took the view that since the acquisition was held up for long on account of litigation and stay was granted by this Court, certainly the petitioners will be entitled to claim compensation at market price prevalent at the W.P.(C)No.18152/10 -2- time of dispossession. 2. Presently, the petitioners are aggrieved by the notice as per Exhibit P10 series issued in Form No.12 informing them that the possession of the properties will be taken over on 18.6.2010 at 11 a.m. 3. It is submitted by the learned Senior Counsel appearing for the petitioners that in the Special Leave Petition filed against Exhibits P2 and P3, the Apex Court by Exhibit P4 order has passed an interim order, which is in the following terms. “Issue notice limited to the issue as any alternative relief can be granted to the land owner by way of allotment by the Devaswom of some other land.” 4. By a later order Exhibit P8, the Devaswom was directed to refer the matter to the Committee constituted by the Devasom and look into the grievances of the land owners. It is therefore submitted that a dispossession at this stage will clearly interfere with the rights of the parties and will put them in real hardship. W.P.(C)No.18152/10 -3- 5. Heard the learned Standing Counsel appearing for the Guruvayoor Devaswom and the learned Government Pleader. The learned Standing Counsel for the Devaswom submitted that the notice issued in the Special Leave Petition is only to consider the limited issue whether alternative land can be allotted to the petitioners. It is submitted that the land acquisition proceedings have to be continued and award has been passed also. It is therefore submitted that in proceedings under Article 226 of the Constitution of India at this stage it cannot be stopped or interfered with by this Court especially in the light of the judgment Exhibit P3 rendered by the Division Bench as well as the order passed in the Review Petition. 6. I find force in the said submission made by the learned Standing Counsel for the Devaswom. When the challenge against the land acquisition proceedings have been repelled by this Court especially by the Division Bench, this Court cannot issue any directions, which may have the effect of interfering with the land acquisition proceedings. Admittedly, the stage of passing of the award is also over. W.P.(C)No.18152/10 -4- 7. Of course the learned Senior Counsel appearing for the petitioners submitted that the award has been passed without considering the directions in the order passed by the Division Bench in the Review Petition that the valuation of the land has to be fixed as on the date of taking possession. But, this is a matter which the petitioners will have to raise in the Special Leave Petition, if it is permissible under law or before the reference court. At any rate, this cannot be a matter for adjudication for this Court in a Writ Petition. 8. Lastly, the learned Senior Counsel appearing for the petitioners submitted that they may be granted some time to vacate the premises and the taking over of possession pursuant to Exhibit P10 series notices will really put them into hardship, especially since so far the Devaswom has not communicated any decision with regard to the request for allotment of alternate lands. It is pointed out that the petitioners have filed Exhibit P11 representation before the Commissioner for Land Revenue. Of course the Commissioner for Land Revenue may not be justified in entertaining Exhibit P11, since the proceedings under the Land Acquisition Act have already moved on and the matter has W.P.(C)No.18152/10 -5- reached a final stage. Therefore, the petitioners can move the Land Acquisition Officer for getting any breathing time for handing over of possession. Therefore the Writ Petition is dismissed with liberty to the petitioners to move the Land Acquisition Officer for getting a breathing time to vacate the premises. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn