IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 12700 of 2007(J) -------------------------- PETITIONER(S): --------------- A.SAGARAN, VAKKAYIL KIZHAKKATHIL HOUSE, PERINGALA P.O., KAYAMKULAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), ALAPPUZHA. 3. THE MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., P.B.NO.2030, MAVELI BHAVAN, GANDHI NAGAR, KOCHI -2 0. ADV. SRI.R.LAKSHMI NARAYAN FOR R3 GOVERNMENT PLEADER SRI.SHYSON.P.MANGUZHA FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.12700 OF 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE COMMON JUDGMENT DATED 12-7-2001 IN O.P.NO.2840/1996 AND O.P.NO.19848/97 EXT.P2 TRUE COPY OF THE ORDER NO.G2-24727/94 DATED 22-10-2001 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE NOTIFICATION NO.B1-1844/94 DATED 12-12-2006 ISSUED BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF THE NOTICE NO. B1-1844/94 DATED 26-2-07 ISSUED BY THE SECOND RESPONDENT. EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 15-3-2007 /True Copy/ PA to Judge PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 12700 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 JUDGMENT In this writ petition, the owner of the property challenges the proceedings for acquisition of his properties. Upon this property a gas agency is being conducted presently by the Civil Supplies Corporation as dealer of M/S/ BPCL. It is submitted by the petitioner that the issue regarding the legality of the termination of dealership which the BPCL had originally given to the Civil Supplies Corporation is pending and the prayer in the writ petition is that till that issue is finally settled, the acquisition may not be permitted. It is conceded that acquisition is continued under the ordinary provisions. Whatever objections the petitioner is having, he is free to raise in the enquiry under section 5A which will be conducted. With that observation, this writ petition is dismissed. It is made clear that the grounds raised in the writ petition have not been decided in this judgment. However, there will be a direction to the land acquisition officer to complete 5A enquiry and prepare his report containing his recommendations only after hearing the petitioner also. (PIUS.C.KURIAKOSE, JUDGE) sv