IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 30341 of 2007(K) -------------------------- PETITIONER: --------------- PRAKASH.G., PROPRIETOR, HOTEL ARYAS, T.C.NO.9/676, VELLAYAMBALAM, THIRUVANANTHAPURAM RESIDING AT SREE LAKSHMKI, C-9, RNP LANE, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.NARENDRAN NAIR SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR(LA) THIRUVANANTHAPURAM. 4. THE TRIVANDRUM DEVELOPMENT AUTHORITY (TRIDA), THIRUVANANTHAPURAM. 5. K.PARAMESWARAN NAIR, NILAMEL VEEDU, VATTIYOORKAVU, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.BASANT BALAJI R4 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R5 BY SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, ALONG WITH WPC NO. 34236 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.30341/2007 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF LAND TAX RECEIPT ISSUED BY THE SASTHAMANGALAM VILLAGE EVIDENCING THE EXTENT OF THE PROPERTY OWNED BY THE 5TH RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 3.12.2004 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P3: CIOY OF JUDGMENT IN W.P.(C).No.26104/2005 TRUE COPY OF GAZETTE NOTIFICATION ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT. EXT.P4: COPY OF GAZETTE NOTIFICATION ISSUED UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT. EXT.P5: COPY OF MAHAZAR PREPARED BY THE 3RD RESPONDENT. EXT.P6: COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT. EXT.P7: COPY OF APPLICATION SUBMITTED BY THE 5TH RESPONENT BEFORE THE 3RD RESPONDENT. RESPONDENTS EXHIBITS: EXT.R5(a): COPY OF THE SKETCH SHOWING THE LOCATION PLAN COVERING THE AREA WHEREIN THE PETITIONER'S BUILDING IS SITUATED. TRUE COPY P.A.TO JUDGE K.PADMANABHAN NAIR,J ======================= W.P. (C) Nos.30341 & 34236 of 2007 ========================= Dated this the 8th day of January, 2008 JUDGMENT These two writ petitions are filed by the tenants, who are doing business in a shop room, situated in the land, which is on the side of the Vellayambalam- Sasthamangalam road in Thiruvananthapuram. The owner of the land surrendered the side portion of the land free of cost to the Government for widening the road, with a prayer that an old dilapidated building situated in the property also may be demolished. The tenants of the building are challenging the action of the Government to demolish the entire structure. 2. The Government Pleader on instructions submits that this property along with some other property is owned by three persons and the petitioner surrendered property free of cost and in respect of the property owned by two others the Land Acquisition Officer initiated proceedings and passed an award on 6.10.2007. The purpose is for widening of a road. Whether it is a free surrender or acquisition under Land Acquisition Act the W.P.(C).Nos.30341& 34326/2007 2 tenants of a building has no locus standi to challenge the surrender. Hence, the writ petitions are not maintainable. In the result these writ petitions are dismissed. K.PADMANABHAN NAIR, JUDGE dvs