IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 8389 of 2008(W) --------------------------------------- PETITIONER(S): ------------------------ 1. GRACE JOACHIM, AGED 73 YEARS, W/O.LATE JOACHIM, C.C.NO.1/1239, ELANJIKKAL HOUSE, FORT KOCHI P.O., KOCHI - 682 001. 2. E.J.SAMPATH, AGED 53 YEARS, S/O.LATE JOACHIM, C.C.NO.1/1239, ELANJIKKAL HOUSE, FORT KOCHI P.O., KOCHI - 682 001. 3. E.J.ANAND, AGED 47 YEARS, S/O.LATE JOACHIM, C.C.NO.1/1239, ELANJIKKAL HOUSE, FORT KOCHI P.O KOCHI - 682 001. BY ADVS. MR.K.S.BABU, SMT.N.SUDHA. RESPONDENT(S): --------------------------- 1. THE SPECIAL TAHSILDAR (LA), CORPORATION OF COCHIN, VYTTILA, COCHIN - 19. 2. MARADU GRAMA PANCHAYATH (SPECIAL GRADE) MARADU P.O., PIN - 682 304, KANAYANNUR TALUK, REPRESENTED BY ITS SECRETARY. Kss ..2/- ...2..... WPC.NO.8389/2008 R 3. SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 5. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDING, KAKKANAD, KOCHI - 30. 6. DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION BUILDING, KAKKANAD, KOCHI - 30. 7. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1,R3 TO R7 BY GOVERNMENT PLEADER MR.V.MANU R2 BY ADV.MR.S.CHANDRASENAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8389/2008 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LAND TAX RECEIPT ISSUED FROM THE VILLAGE OFFICE. P2: COPY OF THE NOTIFICATION DTD. 17/05/2007 PUBLISHED IN MATHRUBHOOMI DAILY DTD. 9TH AUGUST, 2007. P3: COPY OF THE OBJECTION DTD.1/10/07 SUBMITTED BY THE PETITIONERS TO THE 1ST RESPONDENT. P4: COPY OF THE RECEIPT OF THE ACKNOWLEDGEMENT. P5: COPY OF THE RECEIPT OF THE ACKNOWLEDGEMENT. P6: COPY OF THE RECEIPT OF THE ACKNOWLEDGEMENT. P7: PHOTOGRAPH SHOWING THE PRESENT PANCHAYAT OFFICE BUILDING AND ADJACENT VACANT PLOTS. P8: PHOTOGRAPH SHOWING THE PRESENT PANCHAYAT OFFICE BUILDING AND ADJACENT VACANT PLOTS. P9: PHOTOGRAPH SHOWING THE PRESENT PANCHAYAT OFFICE BUILDING AND ADJACENT VACANT PLOTS. P10: COPY OF THE REPRESENTATION DTD. 3/11/07 SUBMITTED THE PETITIONERS TO THE 4TH RESPONDENT. P10(A):COPY OF THE RECEIPT OF ACKNOWLEDGEMENT. P11: COPY OF THE PROCEEDINGS NO.C2.NO.11191/07 DTD. 18/12/07 OF THE 6TH RESPONDENT. P12: COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT. P13: COPY OF THE APPLICATION FOR ADJOURNMENT DTD. 18/01/08. P14: COPY OF THE DECLARATION DTD. 29/01/2007 PUBLISHED IN KERALA GAZETTE DTD. 06/12/2007. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE RESOLUTION PASSED BY THE PANCHAYATH. R2(B): COPY OF THE LETTER NO.A1-446/05 DTD. 2/08/06 SENT TO RESPONDENT NO.5 BY RESPONDENT NO.2. /TRUE COPY/ P.S.TO JUDGE Kss K.PADMANABHAN NAIR, J. ---------------------------------- W.P.(C)No.8389 OF 2008 ----------------------------------------------------- DATED THIS THE 19TH DAY OF MARCH, 2008 J U D G M E N T Heard. Admitted. Government Pleader takes notice for respondents 1, 3, 4, 5, 6 and 7. Adv.Shri Chandrasenan takes notice for the 2nd respondent. The writ petition itself is heard and disposed of. 2. Challenge in this writ petition is directed against Exhibit P2 notification issued under Section 4(1) by the Land Acquisition Officer on the strength of a requisition received from the 2nd respondent Maradu Grama Panchayat. According to the petitioner, the buildings of the Panchayat are situated on the one side of the road and though lands are available on either side of that building, instead of acquiring such plots, the Panchayat wants the land of the petitioners which is situated on the other side of the road to be acquired on the pretext of construction of buildings. The Standing Counsel for the Panchayat submits that on account of the bifurcation of the administration, the work load of the Panchayat has increased considerably and it is not possible to accommodate all offices in the existing building. It is submitted that the plots situated on either side of the existing Panchayat property, are small plots each having an area of 3 cents W.P.(C)No. 8389/08 -2- with buildings and that land is hardly sufficient to cater the needs of the Panchayat. It is further submitted that the Panchayat wants to construct a building with more space on the other side of the road and that is why a requisition was forwarded. 3. I do not think it is just and proper to consider the contentions raised by either side on its merits at this stage. A reading of the notification shows that urgency clause was not involved. So, the Land Acquisition Officer is bound to conduct an enquiry under Section 5A of the Land Acquisition Act. According to the petitioners, they had already filed objections which is marked as Exhibit P3. It is submitted by the Standing Counsel for the Panchayat that the Panchayat had also filed a reply affidavit. I make it clear that it is open to the petitioners as well as the Panchayat to supplement their pleadings already filed by filing additional statements, if any, within two weeks from today. The Land Acquisition Officer shall conduct an enquiry as contemplated under Section 5A of the Land Acquisition Act and pass appropriate orders in accordance with law. I make it clear that I am not considering any of the contentions raised by the petitioners on its merits and they are left open to be considered at the appropriate time by the appropriate authority. K.PADMANABHAN NAIR, JUDGE. dsn W.P.(C)No. 8389/08 -3- K.PADMANABHAN NAIR, J. ---------------------------------- W.P.(C)No.8389 OF 2008 ----------------------------------------------------- DATED THIS THE 19TH DAY OF MARCH, 2008 O R D E R It is submitted by Smt.A.G.Aneetha, Standing Counsel for the Cochin Corporation that since a copy was served on her, a memo of appearance was filed before the first respondent. In fact, the first respondent is a Government servant and he is not a servant working under the Cochin Corporation. So, the Standing Counsel is permitted to withdraw the memo of appearance. K.PADMANABHAN NAIR, JUDGE. dsn