IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 29420 of 2008(B) --------------------------------------- PETITIONERS: --------------------- 1. ABDUL RAHIM, PADINJATTE VEEDU, MAYYANAD, KOLLAM. 2. SHAMSHEELA, W/O. ABDUL RAHIM, -DO- -DO-. BY ADV. MR.S.SANTHOSH KUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE SPECIAL TAHSILDAR (LA NO.1), KOLLAM. R1 TO R4 BY GOVT. PLEADER MR. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29420 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2009. JUDGMENT The petitioners challenge acquisition of land for the purpose of rehabilitation of Tsunami victims. Section 4(1) notification was issued on 10.10.2007, while the petitioners' contention is that their residential building is to be excluded from acquisition. It is not disputed before me that the said building was constructed after the issuance of 4(1) notification. Obviously, therefore, there is no legal impediment for the acquisition and the petitioners cannot succeed. Faced with this situation, the learned counsel for the petitioners pointed out that the authorities may consider excluding, at least, the building to enable residence. I do not state anything on the merits of this request. However, while dismissing this writ petition, it is WP(C)29420/08 -: 2 :- clarified that this judgment will not stand in the way of any relief being granted by the competent statutory authorities on any request of the petitioners. Subject to the aforesaid, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050609