IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 5985 of 2008(K) ------------------------- PETITIONERS: ------------ 1. N.SURENDRANATH ,S/O.K.C.NARAYANAN MUKKUDDAYIL PADINJATTATHIL VEEDU MYYANADU VILLAGE, KOLLAM. 2. R.AMBILI,D/O.RAMACHANDRAN MUKKUDAYIL,PADINJATTATHIL VEEDU MYYANADU VILLAGE, KOLLAM. 3. G.MRITHUNJAYAN,'JAYASS', M.R.A HOUSE NO.82,MUNDAKKAL WEST, KOLLAM. 4. V.SARASAMMA, W/O.MRITHUNJAYAN, 'JAYASS' M.R.A HOUSE NO.82,MUNDAKKAL WEST, KOLLAM 5. PREMA MADHAVAN,LAKSHMI BHAVAN THEMMUMKARA CHERIYIL MYYNAD VILLAGE KOLLAM. 6. VIJAYA LAKSHMI,PULLICHIRA P.O. MYYANADU, KOLLAM. BY ADV. SRI.A.N.RAJAN BABU RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. SPECIAL TAHSILDAR, LAND ACQUISITION NO.2,KOTTIYAM, KOLLAM. 4. THE CORPORATION OF KOLLAM, REPRESENTED BY SECRETARY, KOLLAM. R1 TO R3 BY GOVT. PLEADER MR.BENNY VARGHESE R4 BY ADV.MR.M.K.CHANDRAMOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 5985/08) PETITIONERS' EXTS.: EXT.P1: TRUE COPY OF NOTIFICATION PUBLISHED IN EXTRA-ORDINARY GAZETTE DATED 13TH AUGUST, 2007 FOR ACQUISITION OF PROPERTY. EXT.P2: TRUE COPY OF NOTIFICATION NO.C.696/07 UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT BY THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF NOTICE NO.C-696/07 DATED 29.1.2008 ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER. EXT.P4: TRUE COPY OF NOTICE NO.C-696/07 DATED 29.1.2008 ISSUED TO THE 2ND PETITIONER BY 3RD RESPONDENT. EXT.P5: TRUE COPY OF NOTICE NO.C-696/07 DATED 29.1.2008 ISSUED TO PETITIONERS 3 AND 4 BY THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF NOTICE NO.C-696/07/OC DATED 29.1.2008 ISSUED TO THE 3RD PETITIONER BY THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF NOTICE NO.C-696/07 DATED 29.1.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS 5 AND 6. EXT.P8: TRUE COPY OF REPRESENTATION DATED 16.11.2007 SUBMITTED BY 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P9: DO. DO. BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF REPRESENTATION DATED 19.11.2007 SUBMITTED BY 3RD PETITIONER TO THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONERS 5 AND 6 BEFORE THE 2ND RESPONDENT. EXT.P12: TRUE COPY OF REPRESENTATION SUBMITTED BY HUSBAND AND FATHER OF PETITIONERS 5 AND 6 SRI.K.PRASAD TO THE 2ND RESPONDENT ON 16.11.2007. RESPONDENTS EXTS.(3RD RESPONDENT): ANNEXURE R3(a): TRUE COPY OF THE SANCTIONING ORDER NO.G.O.(Rt.) 1018/07/LSGD DATED 29.3.2007. ANNEXURE R3(b): TRUE COPY OF THE PROCEEDINGS NO.LR(C1) 25735/07 DATED 18.6.2007. RESPONDENTS EXTS.(4TH RESPONDENT): EXT.R4(a): A TRUE COPY OF THE MODIFIED GOVERNMENT ORDER G.O.(P) NO.37/08/LSGD DATED 8.2.2008. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5985 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 6th August, 2008 JUDGMENT The Government Pleader has produced Annexure R3(a) Government Order according sanction for the invocation of the emergency provisions of the Land Acquisition Act for the proposed acquisition. The Government Pleader has also produced Annexure R3 (b) order of the Land Revenue Commissioner directing that it is not necessary to hold enquiry under Section 5A in this acquisition. It is noticed that Annexures R3(a) and R3(b) are yet to be challenged. On behalf of the counsel for the petitioners a very fervent request is made for grant of time so as to enable the petitioners to amend the Writ Petition and incorporating the grounds of challenge against Annexures R3(a) and R3(b). I am not inclined to grant time. The Writ Petition will stand dismissed on the reason that so far as Annexures R3(a) and R3(b) remain unchallenged, the reliefs sought for cannot be granted. No costs. srd PIUS C.KURIAKOSE, JUDGE