IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 14802 of 2009(U) --------------------------------------- PETITIONER: ------------------- K.M.JOSEPH, S/O. MATHEW, AGED 58 YEARS, KUNDUKULAM HOUSE, 28/781, GREEN LANE, VADUTHALA, CHERANALLOOR VILLAGE, KANAYANNUR TALUK. BY ADVS. MR.T.V.GEORGE, MR.JIMMY GEORGE (THADATHIL). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. SPECIAL TAHSILDAR, LAND ACQUISITION (LA), INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL, (ICTT), VALLARPADAM, ELOOR, UDYOGAMANDAL P.O., ERNAKULAM. 4. TAHSILDAR, TALUK OFFICE, NORTH PARUR, ERNAKULAM DISTRICT. 5. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, VYTTILA, ERNAKULAM. 6. COCHIN PORT TRUST, REPRESENTED BY ITS CHAIRMAN, WILLINGTON ISLAND, ERNAKULAM. 7. ELOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. R1 TO R4 BY SR. GOVT. PLEADER MR. M.P. SREEKRISHNAN, R5 BY ADV. MR.THOMAS ANTONY, R6 BY ADVS.MR.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 14802 OF 2009 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner expressed willingness to accept DLPC package on 19.10.2006. He executed a sale deed in terms of the package on 29.10.2007. The land belonging to him was thus given over for the project in question. In terms of rehabilitation package, the petitioner cannot make a claim because, his building was not a residential unit. Industrial units are not entitled to benefit. The amounts agreed to between the petitioner and the State as per the DLPC package was paid. The value of the structure was also paid. With these, the petitioner is not entitled to raise any further claim through judicial intervention. If the petitioner is given any other benefits by the Government or any authority voluntarily, this judgment would not deprive him of that. While rejecting all other grounds, this Writ Petition is ordered directing that any request of the petitioner in that regard would be considered, having regard to the health status of the petitioner. THOTTATHIL B. RADHAKRISHNAN, Judge ps