IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 26395 of 2007(P) -------------------------- PETITIONERS: ------------ 1. UDAYAKUMAR.K., S/O.KUNJAN PILLAI, AGED 49 YEARS, 'UDAYA', PANAYIL HOUSE, KAZHAKUTTOM, THIRUVANANTHAPURAM. 2. LATHAKUMARI.V., W/O UDAYAKUMAR, AGED 42 YEARS, 'UDAYA' PANAYIL HOUSE, KAZHAKUTTOM, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THIURVANANTHAPURAM DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 5. SPECIAL TAHSILDAR, LA (GENERAL), THIRUVANANTHAPURAM. ADDL.R6 IMPLEADED: 6.THE SECRETARY, KAZHAKUTTAM GRAMA PANCHAYAT, KAZHAKUTTAM, THIRUVANANTHAPURAM. IMPLEADED AS PER ORDER DATED 2.11.2007 ON IA NO.14066/2007. R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R6 BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU R1, R2, R4 AND R5 BY SR. G.P. SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF ROUGHT SKETCH OF THE PROPERTIES OF THE PETITIONERS AND ITS ADJOINING PROPERTIES. EXT.P2 TRUE COPY OF THE NOTIFICATION PUBLISHED BY THE FIFTH RESPONDENT DATED 28.6.2005 EXT.P3 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONERS FROM KAZHAKUTTOM GRAMA PANCHAYAT DATED 14.2.2006 EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE AUTHORITY DATED 24.8.2007 RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE JUDGMENT DATED 11.1.2006 IN WP(C) NO.30062/05 THIS COURT EXT.R3(b) TRUE COPY OF THE JUDGMENT DATED 30.3.2007 IN WP(C)NO.12979/06 OF THIS COURT //TRUE COPY// K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.26395 of 2007 P ------------------------------------------------- Dated, this the 18th day of March, 2008 JUDGMENT Though several grounds are raised in this Writ Petition, the main ground projected at the time of argument was that the entire land acquisition proceedings lapsed on account of the failure to publish Section 6(1) declaration within the time allowed by law. Notification under Section 4(1) read with Section 17(4) of the Land Acquisition Act was published on 29.6.2005 in the Gazette. It was published in the notice board of the Village Office on 27.9.2005. This Court stayed all further proceedings in W.P.(C) No.30062/2005 from 26.10.2005 to 11.1.2006. Again there was stay of acquisition proceedings as per order passed in W.P.(C) No.12979/2006 from 17.5.2006 to 30.3.2007. In this case stay is confined to actual dispossession and there was no stay of other proceedings. That order was passed on 26.9.2007. Since there is no stay to publish Section 6(1) declaration or to pass award the Land Acquisition Officer could have even passed the award. The period fixed for publication of Section 6(1) declaration is already lapsed but no Section 6(1) declaration was published till date. So the entire land acquisition proceedings lapsed. Hence without prejudice to the right of the respondents to issue a fresh notification in this case, this Writ Petition is allowed. I make it clear that I am not considering the other grounds raised in this Writ Petition on its merits and those contentions are left open. WP(C) No.26395/2007 2 In the result, Writ Petition is allowed and it is declared that the entire land acquisition proceedings lapsed. K. PADMANABHAN NAIR, JUDGE. cks