IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 14289 of 2010(I) -------------------------- PETITIONER(S): --------------- C.M. HARIDASAN, AGED 4O YEARS, S/O. MADHAVAN CA, CHAKALAPARAMBIL HOUSE, MEDICAL COLLEGE.P.O, VELAPPAYA, THRISSUR. BY ADV. SRI.P.G.SURESH SRI.C.V.MANUVILSAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GOVERNMENT OF KERALA, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE TAHSILDAR, THRISSUR TALUK, THRISSUR. 5. THE VILLAGE OFFICER, VELLAPPAYA VILLAGE, THRISSUR. 6. THE REGISTRAR, KERALA UNIVERSITY OF HEALTH AND ALLIED SCIENCE, MEDICAL COLLEGE.P.O, THRISSUR. 7. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, THRISSUR. SMT. K.R. DEEPA GOVERNMENT PLEADER FOR R1 TO 5 AND R7 SRI.T.R.RAVI FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 14289 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2010. JUDGMENT The petitioner herein has approached this Court seeking to quash Exts.P1 to P3 and for a further direction to the second respondent to consider and take an appropriate action on Ext.P6 representation. 2. The petitioner is the owner in possession of 6.145 cents of property situated in Sy. No.4/29 of Velappayya Village of Thrissur Taluk. The property, according to the petitioner, is near to the 6th respondent, viz. Kerala University of Health and Allied Science. By the impugned order, the Government has granted sanction to the 6th respondent to acquire 17.95 acres of land. The petitioner has raised various grounds in the writ petition to contend that the acquisition is initiated for a malafide purpose and there is no public purpose involved. 3. The third respondent has filed a statement, as directed by this Court. 4. Heard learned Govt. Pleader appearing for respondents 1 to 5 and 7 and learned Standing Counsel appearing for the 6th respondent. 5. Actually, going by Ext.P1, the Government has only granted 14289/2010 2 administrative sanction to initiate proceedings to acquire 17.95 acres of land. True, that in Ext.P2 details regarding the properties, etc. have been mentioned. The petitioner has filed Ext.P6 representation before the Government to reconsider the matter and to exclude his property from acquisition. 6. Admittedly,the provisions under the Land Acquisition Act have not been put into operation so far with regard to the proceedings for acquisition. At this stage, it cannot be presumed that the land acquisition proceedings will be initiated, requiring an adjudication at this stage. It is up to the authorities concerned at the relevant point of time, if so advised, to initiate such proceedings. Therefore, none of the rights of the petitioner are affected at this stage. It is well settled that the aggrieved party can challenge the land acquisition proceedings on specified grounds, by filing an appropriate writ petition at that stage. What is now granted by the Government is only an administrative sanction for acquisition. Therefore, the objections regarding acquisition are not matters which the Government can consider at this stage, even though the petitioner has moved the Government by filing Ext.P6 representation. Therefore, this writ petition is premature. The petitioner's remedy, if at all, is to raise a challenge once the notification under Section 4(1) of the 14289/2010 3 Land Acquisition Act is issued. Without prejudice to the said right, this writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/