IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 6521 of 2005(B) ------------------------- PETITIONERS: ------------ 1. T.R.RADHAMMA, 'SAJI BHAVAN', VETTAMPALLY MURI, ANAD VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. SHYLAJAKUMARI, D/O RADHAMMA, "SAJI BHAVAN', VETTAMPALLY MURI, ANAD VILLAGE, NEDUMANGADU TALU, THIRUVANANTHAPURAM DISTRICT 3. SINDU, D/O. RADHAMMA ' SAJI BHAVAN', VETTAMPALLY MURI, ANAD VILLAGE, NEDUMANGADU TALU, THIRUVANANTHAPURAM DISTRICT. 4. SAJIKUMAR, S/O. BHUVANEDRA PANICER, 'SAJI BHAVAN', VETTAMPALLY MURI, ANAD VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.S.KALKURA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.OF KERALA, SECRETARIAT, TRIVANDRUM. 2. LAND ACQUISITION OFFICER, COLLECTORATE, VANCHIYOOR, TRIVANDRUM. 3. NEDUMANGADU MUNICIPALITY, REPRESENTED BY SECRETARY, NEDUMANGADU MUNICIPALITY, NEDUMANGAD. BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN FOR R1 & R2 SRI.P.RAMAKRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 6521/05) PETITIONERS' EXTS.: EXT.P1: TRUE COPY OF THE SECTION 4(1) NOTIFICATION BEARING NO.A2 1376/2001 DATED 5.6.2002. EXT.P2: TRUE COPY OF THE SAID NOTICE DATED 5.2.2003 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 7(2). EXT.P3: TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 24.3.2003. EXT.P4: TRUE COPY OF THE SITE PLAN SHOWING THE PROPERTY SOUGHT TO BE ACQUIRED FROM THE PETITIONER. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 22.7.2003. EXT.P6: TRUE COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF THE EXT.P5 REPRESENTATION. EXT.P7: TRUE COPY OF THE ACKNOWLEDGEMENT CARD INDICATING ACCEPTANCE OF THE REPRESENTATION DATED 25.3.2003. (SERIES). EXT.P8: TRUE COPY OF THE JUDGMENT IN O.P.NO.25356/03 DATED 13.8.2003. EXT.P9: TRUE COPY OF THE MINUTES DATED 22.9.2003 OF THE 3RD RESPONDENT. EXT.P10: TRUE COPY OF THE MINUTES DATED 29.9.2003. EXT.P11: TRUE COPY OF THE DECISION BY THE 3RD RESPONDENT VIDE NOTICE DATED 16.10.2003. EXT.P12: TRUE COPY OF THE JUDGMENT DATED 9.7.2004 IN W.P.C.NO.12606/04. EXT.P13: TRUE COPY OF THE GAZETTE PUBLICATION DATED 106.2002, 107.2002 & 7.7.2003. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6521 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 20th June, 2008 JUDGMENT The proceedings for acquisition of the properties belonging to the petitioners are sought to be quashed on the ground that declaration under Section 6 has been issued after the expiry of more than one year of the date of publication of the notification under Section 4(1). It is the first proviso to Section 6 of the Land Acquisition Act which is relevant and the same is quoted below: “Provided that no declaration in respect of any particular land covered by a notification under Section 4, sub-section (1),- (i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967) but before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984) shall be made after the expiry of three years from the date of the publication of the notification; or (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification.” Counter affidavits have been filed both by the Land Acquisition Officer as well as on behalf of the requisitioning authority. A perusal of the W.P.C.No.6521/05 - 2 - counter affidavits will show that the notification under Section 4(1) was published in the gazette on 10.6.2002, in the local dailies on 11.6.2002 and 13.6.2002 and on the property on 11.7.2002. Thus the last date of publication of Section 4(1) notification is 11.7.2002. The counter affidavits further reveal that the declaration under Section 6 was published in the Kerala Government Gazette on 7.7.2003 followed by publications in local dailies on 23.7.2003 and at the site on 25.7.2003. Since declaration has been made obviously at least on 7.7.2003 which is well within the period of one year from 11.7.2002, it can be easily found that the ground raised in the Writ Petition cannot succeed. The Writ Petition fails and the same will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE