IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 5232 of 2009(Y) ------------------------- PETITIONER(S): --------------- P.E. MATHEW, S/O. LATE ESTHAPANOSE, AGED 82 YEARS, PADAPURACKAL HOUSE, CHERANELLORE.P.O, KANAYANNUR TALUK. BY ADV. SRI.M.P.RAMNATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT. 3. THE SPECIAL TAHSILDAR (LA), OFFICE OF THE SPECIAL TAHSILDAR (LA), ICTT VALLARPADOM, ELOOR. 4. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 5. VILLAGE OFFICER, CHERANELLORE VILLAGE OFFICE, CHITOOR ROAD, CHITTOOR.P.O, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 6. SUN CON SOMA J.V, REPRESENTED BY CHIEF EXECUTIVE OFFICER, ICTT, VALLARPADOM NH CONNECTION CENTRE, GODOWN ROAD, CHERANELLORE.P.O, KOCHI. GOVERNMENT PLEADER MR. M.P. SREEKRISHNA FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5232 of 2009 EXXT.P1: COPY OF ASSIGNMNET ON REGISTER IN APPENDIX 1 (UNDER RULE 9(1) IN FILE b6-LA 1545/1969 OF R4 DTD 30.3.1974. EXT.P2: COPY OF PATTA ISSUED BY R4 BEARING NO.0074 IN FILE NO.B6 LA 1545/1969. EXT.P3: COPY OF TAX RECEIPT NO.21 FOR RS.73.82 DTD 23.4.1974 ISSUED BY R5 IN B6-LA 1545/69. EXT.P4: COPY OF EXTRACT OF DEPOSITION OF R5 – TAHSILDAR IN OS 432/1980 SUB COURT ERNAKULAM. EXT.P5: COPY OF PRELIMINARY DECREE DTD 29.3.2003 IN OS 432/1980 SUB COURT ERNAKULAM. EXT.P6: COPY OF PRELIMINARY DECREE DTD 29.3.2003 IN OS 411/1986 SUB COURT ERNAKULAM EXT.P7: COPY OF RESURVEY SKETCH CERTIFIED BY R5. EXT.P8: COPY OF THE LAWYER NOTICE DTD 10.08.2007 SENT BY REGISTERED POST TO THE RESPONDENTS. EXT.P9: COPY OF THE NOTICE NO.E3-4423/07 DTD 22.8.08 SENT BY REGISTERED POST A/D/ BY R3 TO THE PETITIONER. EXT.P10: REGISTERED COVER IN WHICH THE 3RD RESPONDENT HAS ISSUED EXHIBIT P9 NOTICE TO THE PETITIONER WITH POSTAL REGISTRATION DTD 4.9.2008 EXT.P11: COPY OF THE REPLY DTD 25.9.2008 FROM THE PETITIONER TO R3 WITH POSTAL REGISTRATIION RECEIPT APPENDED THERETO. EXT.P12: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY R3 ON 27.9.2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5232 OF 2009 ---------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT The petitioner is the owner of certain lands in respect of which Section 4(1) notification under the Land Acquisition Act has been published. The petitioner filed objection to the acquisition. A notice dated 22.8.2008, fixing the date of hearing on 2.9.2008, was issued to the petitioner calling upon him to appear for a hearing, which was received by the petitioner only on 6.9.2008. The petitioner submits that from the postal cover containing the notice, it is clear that, that notice was sent by registered post only on 4.9.2008. The petitioner, therefore, submits that no effective opportunity for hearing was given to the petitioner. On that ground, he challenges further proceedings for acquisition of the property in question. 2. I have heard the learned Government Pleader also. The learned Government Pleader submits that the 3rd respondent is prepared to hear the petitioner again. In the above circumstances, the writ petition is disposed of W.P.(C) No.5232/09 2 with the following directions: The petitioner shall appear before the 3rd respondent on 12.3.2009 at 12 noon. On that date the 3rd respondent shall hear the petitioner and further proceedings shall be taken only in accordance with the decision to be taken by the 3rd respondent pursuant to that hearing. S. SIRI JAGAN, JUDGE Acd W.P.(C) No.5232/09 3