IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 37365 of 2008(W) -------------------------- PETITIONER(S): --------------- ALEXANDER POTHEN, ROW-2, VILLA-5, VALABH NAGAR, BORIVLI(WEST), MUMBAI-400103. BY ADV. SRI.R.MURALEEDHARAN PILLAI SRI.P.V.LONACHAN RESPONDENT(S): --------------- 1. COMMISSIONER OF LAND REVENUE GOVERNMENT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM. 2. ADDL.SECRETARY TO GOVERNMENT DISASTER MANAGEMENT DEPARTMENT (REHABILITATION OF TAUNAMI VICTIMS), THIRUVANANTHAPURAM.SECRETARIAT, TRIVANDRUM. 3. DISTRICT COLLECTOR, COLLECTORATE THIRUVANANTHAPURAM. 4. PRINCIPAL SECRETARY TO LAND REVENUE DEPARTMENT, SECRETARIATE, TRIVANDRUM. 5. PRINCIPAL SECRETARY TO FINANCE, SECRETARIATE, TRIVANDRUM. 6. DEPUTY COLLECTOR(LA) & LAND ACQUISITION OFFICER, COLLECTORATE, TRIVANDRUM. 7. SECRETARY FOR FISHERIES, SECRETARIATE, TRIVANDRUM 8. SECRETARY, TOURISM INFORMATION AND CULTURAL DEPARTMENT, SECRETARIATE, TRIVANDRUM. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.37365 OF 2008 ------------------------ Dated this the 6th day of January, 2009. JUDGMENT Petitioner is aggrieved by Ext.P8, the notification issued under Section 4(1) of the Land Acquisition Act. According to the petitioner, an extent of 1 acre 47.75 cents of land was purchased by the petitioner during 1994-95. Going by the pleadings in the writ petition, the property was obtained by the petitioner under six documents of title. It is stated that he wanted to construct a five star hotel in the said property and for the said purpose, he approached the authorities and had obtained all necessary clearances. It was at that stage that Ext.P8 notification under Section 4(1) of the Land Acquisition Act was issued by respondents on 28.4.2008. 2. On coming to know of Ext.P8, invoking the power of the 4th respondent under Section 5A of the Land WP(c).No.37365/08 2 Acquisition Act, the petitioner submitted Ext.P11 to the 3rd respondent, objecting to the acquisition proceedings initiated. It is stated that instead of making a report to the 4th respondent, the 3rd respondent issued Ext.P12 informing the petitioner that if he needs any change in the alignment, he should approach the respective department of the Government. It is on receipt of Ext.P12, that the petitioner submits that he made Ext.P10 application to the 3rd respondent. In this writ petition the petitioner submits that the 3rd respondent be directed to make his report to the 4th respondent, the requisitioning authority. Along with Ext.P10, petitioner has also produced the receipts evidencing that the application has been duly served on all the addressees including the 3rd respondent. Taking into account the pendency of Ext.P10 before the 3rd respondent as above, it is ordered that the 3rd respondent shall make his report to the 4th respondent and there upon the 4th respondent shall decide on the objection of the petitioner. WP(c).No.37365/08 3 The 3rd respondent shall make his report within 6 weeks and on its receipt the 4th respondent shall finally decided the matter within 8 weeks thereafter. Petitioner shall produce a copy of the judgment before the respondents 3 and 4 for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.37365/08 4