IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19075 of 2008(U) -------------------------- PETITIONER: ------------ M.SIRAJUDDEEN, S/O A ABDUL MAJEED, CHITTANIKARAYIL, FARIDIYA NAGAR, T.K.M. COLLEGE P.O., KOLLAM. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. KOLLAM CORPORATION, REPRESENTED BY ITS SECRETARY, KOLLAM. R1-R2 BY GOVT. PLEADER MR.BASANT BALAJI R3 BY ADV.MR.M.K.CHANDRAMOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.19075 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th June, 2008 JUDGMENT Adv.M.K.Chandramohan Das, Standing Counsel enters appearance on behalf of the third respondent and the Government Pleader enters appearance on behalf of respondents 1 and 2. 2. The grievance of the petitioner is that the third respondent- Corporation has not conducted any enquiry in the matter of identifying the properties to be acquired for the purpose of establishing a drinking water scheme. According to the petitioner, rules warrant such an enquiry even before requisition for acquisition is given. Learned Standing Counsel for the Corporation is not in a position to inform whether the third respondent has already forwarded the requisition to the 2nd respondent, the District Collector. Mr.T.Krishnanunni, Senior Counsel appearing on behalf of the petitioner would submit that to the best of the petitioner's knowledge, so far the requisition has not been forwarded by the third respondent to the 2nd respondent. Learned Senior Counsel therefore requested that the third respondent, the requisitioning authority as well as the 2nd respondent, the District Collector who is the authority to approve the requisition be directed to hear the petitioner before a decision is W.P.C.No.19075/08 - 2 - taken on the question whether the requisition of the third respondent should be accepted. Having considered the submissions addressed before me by the learned Senior Counsel for the petitioner, Standing Counsel for the Kollam Corporation and the Government Pleader, I am of the view that the Writ Petition can be disposed of issuing the following directions: The third respondent is directed to take up Ext.P4 immediately, issue hearing notice to the petitioner and hear the petitioner before the third respondent decides to forward a requisition regarding the proposed acquisition of the petitioner's properties to the 2nd respondent, the District Collector. If the third respondent has already forwarded the requisition and the 2nd respondent has not taken any decision so far on the above requisition, the 2nd respondent will issue hearing notice to the petitioner and hear the petitioner before a decision is taken on the requisition forwarded by the third respondent. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE