IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 33691 of 2007(J) -------------------------- PETITIONERS: -------------- 1. C.LAKSHMANAN,S/O.E,MADHAVAN NAIR, 8/546,SUBIKHA,KALLEKULANGARA P.O., PALAKKAD-678 009 (OWNER OF FLAT NOS.15/33-24 & 15/33-25, NEW GOVIND APARTMENTS, GURUVAYUR) 2. RESHMA GOVIND,"AKSHAYA",CHERUTHURUTHY, THRISSUR DISTRICT, PIN 679 531 (OWNER OF FLAT NOS.15/33-24 & 15/33-25, NEW GOVIND APARTMENTS, GURUVAYUR) 3. U.K.GEETHA,POORNA SREE, PARAPPALLIL ROAD, THIRUVANKULAM, ERNAKULAM DISTRICT, (OWNER OF FLATNOS.15/33-24 & 15/33-25 NEW GOVIND APARTMENTS, GURUVAYUR) 4. PRATHEEP KUMAR M.K. PRASADAM, PARAPPALLIL ROAD, THIRUVANKULAM,ERNAKULAM DISTRICT, (OWNER OF FLAT NOS.15/33-24 & 15/33-25 NEW GOVIND APARTMENTS, GURUVAYUR) 5. M.O.MUKUNDAN,KOLIYADAN HOUSE HILL PALACE, HILL PALACE P.O. TRIPUNITHURA ERNAKULAM DISTRICT, OWNER OF FLAT NOS.15/33-24 & 15/33-25 NEW GOVIND APARTMENTS, GURUVAYUR) 6. BENNA HARINDRANATH,GOKULAM NEAR MATTALIL DEVI TEMPLE, KADAVANTHRA, KOCHI-20,OWNER OF FLAT NOS.15/33-24 & 15/33-25 NEW GOVIND APARTMENTS, GURUVAYUR) BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.R.JAYACHANDRAN WPC 33691/07 RESPONDENTS: ------------- 1. THE GURUVAYUR DEVASWOM REPRESENTED BY THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. 2. THE GURUVAYUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, GURUVAYUR. 3. THE SPECIAL TAHSILDAR (L.A) GURUVAYUR DEVASWOM, GURUVAYUR. 4. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. R3-R4 BY SR. GOVT. PLEADER MR.D.ANILKUMAR R1 BY ADV.SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA R2 BY ADV.MR.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 33691/07) PETITIONERS EXTS.: EXT.P1: TRUE COPY OF NOTIFICATION DATED 11.6.2007 ISSUED BY R3. EXT.P2: TRUE COPY OF NOTIFICATION DATED 11.6.2007 ISSUED BY R3. RESPONDENTS EXTS.(FIRST RESPONDENT): EXT.R1(a): TRUE COPY OF THE ORDER IN O.S.NO.146 OF 2005 DT. 28.6.2005. EXT.R1(b): TRUE COPY OF THE LOCAL INSPECTION REPORT DT. 14.2.2007. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.33691 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th August, 2008 JUDGMENT Under challenge in this Writ Petition are Ext.P1 notification issued under Section 4(1) of the Land Acquisition Act and Ext.P2 combined notification under Section 4(1) and Section 17(4). The proceedings for acquisition of the petitioners property is challenged on various grounds including the ground of mala fides. But obviously it is considering the request of the first respondent-Devaswom that the Government accorded sanction for invocation of the provisions of Section 17(1) and the Land Revenue Commissioner ordered under Section 17(4) that the enquiry under Section 5A need not be conducted in this case. The following are the prayers in this Writ Petition: 1. To call for the records leading upto Exts.P1 and P2 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction. 2. To issue a writ of mandamus forbearing the respondents from continuing further with the acquisition proceedings pursuant to Exts.P1 and P2. 3. To declare that Exts.P1 and P2 are totale malafide and do not W.P.C.No.33691/07 - 2 - make any public purpose for invoking the provisions of the Land Acquisition Act. Since the Government order according sanction under Section 17(1) and the Land Revenue Commissioner's order dispensing with enquiry under Section 5A are not seen challenged, I am of the view that the petitioners are not entitled for the reliefs sought for. The Writ Petition will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE