IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 36811 of 2007(G) -------------------------- PETITIONER: ------------ REGHUNANDANAN, S/O.SIVASANKARAN NAIR, AGED 43, RESIDING AT ANANDA BHAVAN, T.C.9/1119, MANGALA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS AND BUILDINGS, THIRUVANANTHAPURAM. 4. THE SPECIAL TAHASILDAR (LA), ADDITIONAL LAND UNIT, VANCHIYOOR, THIRUVANANTHAPURAM. 5. ABDUL REHMAN, S/O.MOHAMMED HANEEFA, T.C.9/2177, KANISON BLDG., MADRASSA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. 6. M.HASSAN, S/O.MOHAMMED HANEEFA, T.C.9/2177, KANISON BLDG., MADRASSA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. WP(C)NO.36811/2007 2 7. TRIVANDRUM DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, TRIDA BLDG., MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM- 695 011. R7 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1 TO R4 BY SR.GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PROFESSIONAL TAX RECEIPTS EXT.P2 TRUE COPY OF THE LICENSE FEE RECEIPTS EXT.P3 TRUE COPY OF THE JUDGMENT OF THE RENT CONTROL APPELLATE AUTHORITY DATED 30.5.2007 IN RCA NO.30/2003 EXT.P4 TRUE COPY OF THE RENT CONTROL REVISION NO.278/2007 EXT.P5 TRUE COPY OF THE LETTER DATED 28.11.2007 ISSUED BY THE TRIDA ALONG WITH THE SKETCH OF THE PROPERTIES SOUGHT TO BE ACQUIRED EXT.P6 TRUE COPY OF THE NOTIFICATION FOR ACQUISITION PUBLISHED BY THE FIRST RESPONDENT IN THE NEWSPAPER DESHABHIMANI DATED 4.2.2005 EXT.P7 TRUE COPY OF THE JUDGMENT IN W.P.(C0NO.15012/2007 DATED 24.10.2007 //TRUE COPY// K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.36811 of 2007 G ------------------------------------------------- Dated, this the 22nd day of February, 2008 JUDGMENT This Writ Petition is filed by the tenant of a building challenging the land acquisition proceedings. In view of the principle laid down in Saramma Itticheriya v. State of Kerala (2008(1) KLT 6 (FB)) a tenant had no locus standi to challenge land acquisition proceedings. Learned Government Pleader, on instructions, submits that award notice was issued on 7.5.2007 and land owner exercised option under Section 49(1) of the Land Acquisition Act on 14.5.2007. Award was passed on 12.10.2007 accepting the option. So there is no scope for interference. Writ Petition is only to be dismissed. In the result, Writ Petition is dismissed. K. PADMANABHAN NAIR, JUDGE. cks