IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15678 of 2008(N) -------------------------- PETITIONER: ------------ P.A.THULASI BHAI, W/O LATE SIDHARTHAN, KANNOLI HOUSE, INCHAMUDY.P.O, PAZHUVIL (VIA), THRISSUR. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SPECIAL TAHSILDAR, L.A.(GENERAL) NO.I, PALAKKAD. 3. NAGALASSERI GRAMA PANCHAYAT, KOOTTANAD. P.O., PALAKKAD DISTRICT, REP.BY ITS SECRETARY. BY G.P. SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 15678 of 2008 ---------------------------------- Dated this the 27th day of May , 2008 JUDGMENT The petitioner is aggrieved by the proposal to acquire her properties lying on both the sides of the Peringode Centre – Vavannoor Road. Going by the present proposal 36 cents of land lying on the western side of the road is to be acquired for the purpose of play ground for the proposed school and 40 cents lying on the eastern side of the road is to be acquired for the school building . The request of the petitioner is that her properties lying contiguous to the property having 40 cents on the eastern side of the road be acquired instead of the property lying on the western side of the road. 2. The above request in my opinion is to be considered by the Land Acquisition Authority with Section 5 A enquiry. The learned counsel for the petitioner submits that objections have already been filed by the petitioner as per Ext.P2 in response to the individual notice issued to her under Section 4 (1) in connection with Section 5A enquiry. In fact along with Ext.P2, a rough sketch showing the property offered by the petitioner in stead of the 36 cents lying on the western side of the road is also produced. I am informed by Sri.P.A.Augustine the learned counsel for the petitioner that the WPC No.15678/2008 2 petitioner has already addressed submissions before the Land Acquisition Officer on 7.5.2008. But, no orders have so far been passed by the Land Acquisition Officer. Under the above circumstances, the Land Acquisition Officer, the second respondent should pass orders early on the basis of the hearing already conducted by him on 7.5.2008. I dispose of the writ petition directing the second respondent to pass orders on the basis of the hearing already conducted and communicate the orders to the petitioner at the earliest and at any rate within one month of receiving a copy of this of judgment. The Land Acquisition Officer in his order shall address the request of the petitioner made through Ext.P2 that instead of the 36 cents lying western side of the road, the property suggested as per the rough sketch produced along with Ext.P2 objection should be taken. If the order to be passed by the Land Acquisition Officer pursuant to this judgment comes to be against the petitioner, it will be open to the petitioner to challenge that order on all the grounds she has raised in this writ petition. PIUS C. KURIAKOSE JUDGE dpk WPC No.15678/2008 3