IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 33560 of 2005(T) ------------------------------------- PETITIONER: ------------------- M/S. MATHSTRAMAN MANUFACTURES AND TRADERS PVT.LTD., MERMAID COMPLEX, KANIAMPUZHA ROAD, VYTTILA, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR THOMAS GEORGE, S/O. GEORGE JOHN. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.PRAMODH.R RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM. 2. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM, COLLECTORATE, KOTTAYAM. 3. THE VILLAGE OFFICER, VIJAYAPURAM GRAMA PANCHAYATH, MANARCADU P.O., KOTTAYAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 33560/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P2:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3:- COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT TO THE DIRECTOR, INDIAN INSTITUTE OF MASS COMMUNICATION. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 33560 OF 2005 T = = = = = = = = = = = = = = = = Dated this the 27th February, 2008 J U D G M E N T Petitioner submits that an extent of 5.35 acres of land in re- survey No. 240/31 of Vijayapuram Grama Panchayat was notified for acquisition by issuing Section 4(1) notification in April, 1997. That was followed by Section 6 declaration issued on 25.2.1999. However, award was not passed and by lapse of time the acquisition itself had elapsed. Thereafter, petitioner submitted Exts. P1 and P2 offering to remit tax and also for effecting mutation in his name. Thereupon, the District Collector issued Ext. P3 to the requisitioning authority to inform about the status of acquisition and the matter stood at that stage. It is thereupon this writ petition is filed praying for directing the authorities to declare that the acquisition has elapsed and for effecting mutation and accepting tax. 2. When the writ petition was taken up for hearing learned counsel for the petitioner made available before me a W.P.(C) No. 33560 OF 2005 -2- communication dated 10.2.2006 issued by the 1st respondent which states that the requisitioning authority has informed that they are no longer interested in pursuing the acquisition. From this, it is evident that the acquisition has elapsed. Facts being so, there cannot be any objection in effecting mutation in the name of the petitioner and for accepting tax from him. 3. Therefore, I dispose of this writ petition directing that the 3rd respondent shall effect mutation in the name of the petitioner and accept tax in respect of the property mentioned above. ANTONY DOMINIC JUDGE jan/-