IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 12469 of 2008(H) --------------------------------------- PETITIONERS: --------------------- 1. DR.K.A.JAMALUDDIN, S/O.K.A.ABDUKUNHI, KIZHAKKEVEETTIL, EDAVANAKAD, ERNAKULAM DISTRICT. 2. K.A.AKBAR, S/O.K.A.ABDUKUNHI, -DO- -DO BY MR.T.KRISHNAN UNNI, SENIOR ADVOCATE, ADV. MR.C.M.MOHAMMED IQUABAL. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. TAHSILDAR, KOCHI,ERNAKULAM DISTRICT. 3. SPECIAL TAHSILDAR (LA), GENERAL, ERNAKULAM. 4. EDAVANAKKAD GRAMA PANCHAYATH, REP. BY ITS SECRETARY, P.O.EDAVANAKAD, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. K.V. MANOJ KUMAR, R4 BY ADV. MR.K.I.ABDUL RASHEED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009,ALONG WITH W.P.(C). NOS. 12629 OF 2008 AND 13924 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12469/2008-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION UNDER SECTION 4 (1) OF THE LAND ACQUISITION ACT DTD. 15/03/2008. EXT.P.2: COPY OF THE GOVERNMENT ORDER DTD. 23/02/2008 ACCORDING SANCTION TO MAKE URGENCY CLAUSE UNDER SECTION 17 (4) OF THE LAND ACQUISITION ACT DTD. 23/02/2008. EXT.P.3: COPY OF THE COMMUNICATION FROM THE R.2. TO REVENUE DIVISIONAL OFFICER, KOCHI DTD. 22/05/2007. EXT.P.4: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, EDAVANAKAD DTD 24/09/2007. EXT.P.5: COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE R.2. DTD. 01/10/2007. EXT.P.6: COPY OF THE COMMUNICATION FROM THE R.2. TO THE SECRETARY OF THE GRAMA PANCHAYATH DTD. 23/02/2008. EXT.P.7: COPY OF THE CONSENT STATEMENTS SUBMITTED BY SOME OF THE BENEFICIARIES. EXT.P.8: COPY OF THE DETAILED REPRESENTATION BEFORE THE R.1. DTD. 23/02/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12469 OF 2008 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT The petitioners face acquisition of land for the purpose of Tsunami rehabilitation programme. According to them, the acquisition is without bonafides in as much as the proposed acquisition is after giving up an earlier proposal to acquire different sets of lands. That has been answered in the counter affidavit. Even otherwise, the petitioners themselves admit in the writ petition that the sites which were originally proposed to be acquired had thodus and chiras, though they attempt to dispute that statement of facts. The counter affidavit also discloses that electrical alignment with 11 KV lines also pass through the land that was the earlier choice. Having established the public purpose for which the acquisition is being made, the choice of land cannot be found fault with and no case of malafides or colourable exercise of power is demonstrated. The plea of the petitioner that Section 5A enquiry was dispensed with WPC.12469/08 2 also makes no difference having regard to the aforesaid finding. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.