IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 11796 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------- P.V.KURIAKOSE, AGED 66 YEARS, S/O.VARGHESE, RESIDING AT PUTHENMANNIL HOUSE, MEENADOM P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.S.JAYAKRISHNAN, SRI.VINO V.GEORGE. RESPONDENT(S): ---------------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM, PIN 686 001. 2. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM-682 016. 3. THE LAND ACQUISITION OFFICER, SPECIAL THASILDAR, L.A.(RAILWAY), KOTTAYAM-686 001. R1 & R3 BY GOVERNMENT PLEADER SRI. A.J.VARGHESE R2 BY ADV. SMT.REZIYA.P.A.,SC, RAILWAYS SRI. C.G. DIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 11796 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 J U D G M E N T The petitioner is the joint owner of a property having an extent of 7.5 Ares comprised in Survey Number 416/1 of Perumbaicadu Village in Kottayam District. Ext.P1 notification was issued under Section 4(1) of the Land Acquisition Act, 1894. An extent of 5.44 Ares that forms part of the property belonging to the petitioner in the aforementioned Survey number has also been included therein as an item for acquisition. Subsequently, survey stones were also laid. The contention of the petitioner is that going by the present proposal and laying of the survey stones one portion of the building that situates in the aforementioned survey number would be demolished and in such eventuality, it would render the remaining portion unworthy. In the said circumstances, Ext.P3 representation dated 7.7.2010 was submitted before the second respondent requesting to acquire the balance extent of land as well. It is an application submitted under section 49 of the Land Acquisition Act. In WPC. No. 11796/2011 : 2 : view of the fact that Ext.P3 application submitted by the petitioner carrying the aforesaid prayer is still pending before the second respondent, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the second respondent to consider Ext.P3 application expeditiously, at any rate, before actually taking possession of 5.44 Ares that forms part of the property in question pursuant to Ext.P1. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge