IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 RP.No. 1072 of 2008(J) ---------------------- AGAINST THE JUDGEMENT IN WPC.33691/2007 Dated 05/08/2008 .................... PETITIONERS/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.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RP.NO.1072/08 RESPONDENTS/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. BY ADV.SRI.KRISHNA MENON ADV.SRI.K.K.CHANDRAN PILLAI GOVT. PLEADER SRI.D.ANIL KUMAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - R.P.NO.1072 OF 2008 IN W.P.(c).No.33691 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November , 2008 ORDER Sri.V.Krishna Menon for the Devaswom Board submits that the acquisition has been proceeding under the emergency provisions under Section 17(4) and that enquiry under Section 5A has been dispensed with. Sri.K.Ramkumar, senior counsel, submits that acquisition proceedings are under challenge in the writ petition on various other grounds including the ground that Section 5A enquiry has been dispensed with, not on valid reasons. 2. On going through the grounds in the writ petition, I find that a challenge is made regarding dispensation of Section 5A enquiry. But I am of the view that the petitioner cannot aspire for a writ of certiorari quashing the invocation of the emergency provisions and the dispensation of enquiry under Section 5A without producing the order of the Government according administrative sanction under Section 17(1) and the order of the Land Revenue Commissioner by which RP.No.1072/08 2 Section 5A enquiry has been dispensed with. I do not find any warrant for reviewing my judgment. It is clarified that the merits of the grounds raised in the writ petition have not been examined by this court at all either in the judgment sought to be reviewed or under this order. PIUS.C.KURIAKOSE JUDGE sv. RP.No.1072/08 2