IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 29429 of 2005(C) -------------------------- PETITIONER: ------------ ACHAMMA MATHAI, ROY VILLA, PATTAMKADAVU, CHERUVALLOOR MURI, CHERIYANAD VILLAGE, CHENGANNUR TALUK, REPRESENTED BY HER NEXT FRIEND JOHN MATHAI @ THANKACHAN MAMOOTTIL, KOLLAKADAVU P.O. CHERIYANADU TALUK. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENTS: -------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. IN THE DEPT. OF REVENUE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 2. THE COMMISSIONER, LAND REVENUE, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. TAHASILDAR, TALUK OFFICE, CHENGANNUR. 5. CHERIYANAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, CHERIYANAD GRAMA PANCHAYATH, CHERIYANAD, CHENGANNUR TALUK, ALAPPUZHA 689 511. 6. P.K.VASUDEVAN, PRESIDENT, CHERIYANAD GRAMA PANCHAYATH, RESIDING AT VARIKOLIL, THURUTHIMEL, NEDUARAKODE P.O. CHERIYANAD. WPC.No.29429/05 ADDITIONAL RESPONDENT 7. SPECIAL TAHASILDAR LAND ACQUISITION (GENERAL) ALAPPUZHA Additional respondent is impleaded vide order dated 20-10-2005 in I.A.No.15334/05 BY ADV. SRI.K.M.SATHYANATHA MENON FOR R5,6 GOVT. PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.29429 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2008 JUDGMENT It was submitted by the Government Pleader as early as on 27/05/2008 a fresh notification under section 4(1) proposing to acquire the properties by invoking the emergency provisions under Section 17 (1) and (4) has been made. A copy of the notification was also placed before me. Thereafter the case was adjourned on several occasions. Till now the petitioner has not sought for any amendment of the writ petition for incorporating challenge of the notification now issued. Today also, there is no representation for the petitioner. Writ petition will stand dismissed for default. PIUS.C.KURIAKOSE JUDGE Heard Sri.George Varghese, counsel for the petitioner and Sri.Sathyanatha Menon, standing counsel again. I do not find any reason to change my judgment. However it is made clear that the WPC.No.29429/05 2 interim order issued in this case will continue for a period of three more weeks from today. Needless to mention that all the grounds raised in this writ petition are left open. 18-08-2008 PIUS.C.KURIAKOSE JUDGE sv WPC.No.29429/05 2