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 TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WA.No. 61 of 2009 ------------------------------ AGAINST THE JUDGEMENT IN WPC.13949/2008 Dated 29/10/2008 .................... APPELLANT/PETITIONER: ------------------------------------- M/S. KALLARACKAL RESORTS PVT. LTD. CORPORATE OFFICE : 1864/C-1 FIRST FLOOR, NEAR ST.ANTONY'S CHURCH,VADUTHALA KOCHI 682 023, REPRESENTED BY ITS MANAGING DIRECTOR,ROY JOSEPH, RESIDING AT HOUSE NO.47/1881 VADUTHALA PO,KOCHI 682 023. BY ADV. SRI.ROY CHACKO RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT.OF REVENUE (FAST TRACK PROJECT) SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSILDAR (REVENUE) LAND ACQUISITION FOR VALLARPADAM CONTAINER TERMINAL PROJECT, ELOOR PO, ERNAKULAM DIST. 4. THE COCHIN PORT TRUST, REPRESENTED BY ITS CHAIRMAN, WILLINGDON ISLAND, KOCHI-3 5. THE PROJECT DIRECTOR, PIU, KOCHI, NATIONAL HIGHWAY AUTHORITY OF INDIA, VYTTILA, KOCHI 682 019. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL SRI.E.K.NANDAKUMAR FOR R4 SRI.A.K.JAYASANKAR NAMBIAR FOR R4 SRI.K.JOHN MATHAI FOR R4 SRI.P.BENNY THOMAS FOR R4 SRI.ANIL D. NAIR FOR R4 R5 BY ADV. SRI.THOMAS ANTONY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No.61 of 2009 ------------------------------------------ Dated, this the 24th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Challenging the award notice Ext.P4 dated 18.4.2008 issued under Section 12(2) of the Land Acquisition Act and Ext.P12 award of even date passed by the Land Acquisition Officer for the Vallarpadam Container Terminal Project, the owner has approached this Court, inter alia, raising several legal questions. 2. On detailed consideration, the learned Single Judge did not answer the legal questions raised by the appellant in its favour, but granted relief as to the eligibility for compensation and permission to approach the reference court under Section 18 of the Land Acquisition Act and as such the interests of the appellant have been very well taken care of. As the main prayer of the appellant has been considered by the learned Single Judge, the W.A. No.61 of 2009 - 2 - questions raised on legal technicalities need not be gone into in this case. Hence, we decline to interfere with the order passed by the learned Single Judge while reserving liberty to the appellant to raise such questions in an appropriate case. Writ appeal is dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns