IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 WA.No. 2049 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.694/2008 Dated 12/06/2008 .................... APPELLANT(S): PETITIONERS:- --------------------------------- 1. GOVINDAN NAIR, AGED 76, S/O. NARAYANA PILLAI, VATTAPARAMBIL HOUSE, VIJAYAPURAMKARA, MANARKKAD PANCHAYATH, KOTTAYAM DISTRICT. 2. N.HARI, AGED 43 YEARS, S/O. G.NARAYANAN NAIR, KANNAMPADATH HOUSE, MANARKKAD, KOTTAYAM DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN IYER SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): RESPONDENTS:- ------------------------------------- 1. THE SECRETARY, DEPT. OF LOCAL SELF GOVERNMENT, STATE OF KERALA, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), KOTTAYAM. 4. THE SECRETARY, SPECIAL GRADE, MANARKKAD PANCHYATH, 5. THE PRESIDENT, MANARKKAD GRAMA PANCHAYATH. ADDL.R6 IMPLEADED :- 6. P.C.MATHEW, S/O.LATE P.C.CHACKO, PAINUMKAL HOUSE, MANARCADU, KOTTAYAM. (IMPLEADED AS PER ORDER DT. 16.2.2009 IN I.A.122/09) ADV. SRI.MATHEW JOHN (K) FOR R4 SRI.AJEESH K.SASI FOR R4 GOVERNMENT PLEADER FOR R1 TO 3 SRI.BENJAMIN PAUL. SRI.ALEXANDER JOSEPH FOR ADDL.R6. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.2049 of 2008 ---------------------------------------------- Dated 15th June, 2009. J U D G M E N T Kurian Joseph, J. The Writ Appeal is at the instance of the writ petitioners. The writ petition was filed challenging the acquisition proceedings referred to in Exts.P5 and P6. The acquisition is for the respondent Panchayat for the purpose of a taxi stand and market. The property of the petitioners is also included in the acquisition. That is a vacant land. According to the petitioners, there is no justification in dispensing with the enquiry under Section 5A of the Land Acquisition Act. It is also contended that the acquisition is actuated by malafides. Yet another contention taken is that construction of taxi stand and market is not a duty vested in the Grama Panchayat under the Kerala Panchayat Raj Act, 1994. The learned Single Judge after elaborately considering the facts and law involved in the case, dismissed the writ petition. Aggrieved, the petitioners have come up in appeal. 2. We find that the contention regarding invocation of Section 5A of the Act has already been considered by this court leading to the judgment in W.P.(C) No.19109/05. It is also WA NO.2049/08 2 brought to our notice that an award has been passed on 27.5.2008. As far as the contention regarding malafides is concerned, it is not seen raised specifically with reference to the motives attributable to a party respondent. Still further we find that a Writ Appeal filed by another similarly situated person has been dismissed by judgment dated 15.12.2008 in W.A.1843/08. All that apart, it is now settled law that once an award has been passed, this court under Article 226 of the Constitution of India shall not interfere with the matter. If at all there is any grievance, the remedy is only under Section 18 of the Land Acquisition Act. Therefore, without prejudice to the liberty to the petitioners to avail the statutory remedies under the Land Acquisition Act, this Writ Appeal is dismissed. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.2049 of 2008 ---------------------------------------------- J U D G M E N T Dated 15th June, 2009.