IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 35524 of 2008(D) -------------------------- PETITIONER(S): --------------- 1. M.V.UMESH, S/O.M.L.VAMANA SHETTY, RESIDING AT MALIYAM HOUSE, UMR BUILDING, VADUTHALA - 23. 2. M.V.MURALI, S/O.M.L.VAMANA SHETTY, RESIDING AT MALIYAM HOUSE, UMR BUILDING, VADUTHALA - 23. 3. M.V.RAVI, S/O.M.L.VAMANA SHETTY, RESIDING AT MALIYAM HOUSE, UMR BUILDING, VADUTHALA - 23. 4. M.V.PRADEEPKUMAR, S/O.M.L.VAMANA SHETTY, RESIDING AT MALIYAM HOUSE, UMR BUILDING, VADUTHALA - 23. BY ADV. SRI.SIBY MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSILDAR (LAND ACQUISITION, RAILWAY), VALLARPADOM INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL PROJECT, COLLECTORATE, KAKKANAD, ERNAKULAM. 4. THE COCHIN PORT TRUST, KOCHI, REPRESENTED BY ITS CHAIRMAN. ADV. SRI.K.ANAND (A.201) FOR R4 SHRI.B.S.KRISHNAN, SC G.P. SHRI.M.P.SRIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.35524 of 2008 ================== Dated this the 12th day of February, 2009 J U D G M E N T The petitioners are brothers. All of them were residing in a house constructed in 5 cents of land. That land was acquired by the Government for the Vallarpadam ICTT Project. The Government declared a rehabilitation package for those evicted from their houses for the Vallarpadam ICTT Project, as per which, alternate land and Rs.60,000/- would be given to the evicted persons. The petitioners were offered 4.5 cents of land and the rehabilitation allowance of Rs.60,000/-. They have filed this writ petition aggrieved by the same. 2. According to the petitioners, since the four of them were evicted, each of them is entitled to 4.5 cents of land and Rs.60,000/- separately. It is under th above circumstances, the petitioners have filed this writ petition seeking the following reliefs: ”i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to offer the 4 petitioners separately 4½ cents of land each and the rehabilitation allowance of Rs.60,000/- each also separately in terms of Exts.P4 and P5. ii) Issue a Declaration that the petitioners are entitled to 4 ½ cents of land each and also the rehabilitation allowance of Rs.60,000/- each; iii) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Ext.P10 forthwith;” 3. I am of opinion that under the guise of the rehabilitation 2 package the petitioners cannot be given more land than what has been actually acquired from them. Admittedly only 5 cents of land were acquired from them. The attempt of the petitioners clearly is to make unjust enrichment for themselves misinterpreting the conditions of the rehabilitation package to their advantage. That cannot be permitted. Since all the petitioners were residing together in one house which house was acquired, they shall be considered only as one unit for the purpose of the rehabilitation package. The rehabilitation package is only a concession given to the evictees and the same cannot be treated as a right in itself. In the above circumstances, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge