IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 9870 of 2011(G) ------------------------- PETITIONER: --------------- K.R.RADHAKRISHNAN NAIR, S/O.LATE RAMAKRISHNAN NAIR, KUNNEL HOUSE, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. MR.P.SANKARANKUTTY NAIR MS.K.V.RESHMI RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM-682 030. 2. SPECIAL TAHSILDAR FOR LAND ACQUISITION MUVATTUPUZHA VALLEY IRRIGATION PROJECT, ELANJI-686 665. 3. KOOTHATTUKULAM PANCHAYAT REPRESENTED BY THE SECRETARY, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT, PIN-686 662. ADV. MR.K.M.JAMALUDHEEN FOR R-3 GOVERNMENT PLEADER MR.V.K.RAFEEK FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9870 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: SALE DEED DTD. 5.1.1994. EXT.P2: NOTICE DTD. 21.3.2001 SURVEY NO.87/21-2. EXT.P2(a): NOTICE DTD. 21.3.2001 SURVEY NOS.87/22-5 & 87/22-6 EXT.P3: REJECTION NOTICE DTD. 17.3.2007. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.9870 Of 2011 ---------------------- Dated this the 11th day of November, 2011. J U D G M E N T The writ petition is filed seeking to set aside Exts.P2 & P2(a) notices, Ext.P3 letter and for a declaration that the land acquisition proceedings initiated to acquire the property of the petitioner in survey Nos.87/21-2, 87/22-5 and 87/22-6 by extra ordinary Kerala Gazette first part No.1558 lapsed in view of Section 11A of the Land Acquisition Act. 2. The 2nd respondent initiated land acquisition proceedings to acquire properties including the property owned by the petitioner for a public purpose i.e., for Ernakulam- Thekkady State Highway. Ext.P2 & P2(a) are the copies of the notices issued under Rule 7(2) of the Rules dated 23.1.2001. 3. The application of the petitioner seeking permission to construct a building was rejected by the Panchayath on 17.3.2007 on the ground that the acquisition proceedings are pending. According to the petitioner, the land acquisition proceedings initiated by publication of Section 4(1) notification ::2:: W.P.(C).No.9870 Of 2011 dated 16.8.2000 has already lapsed as the respondents 1 & 2 failed to pass award under Section 11A within the statutory period. 4. The second respondent filed a statement on 26.7.2011. Paragraph 4 of the statement reads as follows: “4. The notification under Section 4(1) of the Kerala Land Acquisition Act, 1894, for acquisition of land in Survey Nos. 87/21, 87/22 of Koothattukulam Village for the above mentioned State Highway was published in the Kerala Gazette (Extra Ordinary) No.1558, dated 16.8.2000. But further steps were not initiated within the time limits prescribed after 4(1) notification. But it is to be noted that, thereafter the Executive Engineer, PWD (Roads Division, Muvattupuzha) had submitted the revalidation requisition before the District Collector, Ernakulam vide letter No.A1-2960/96, dated 30.12.2010 for the above land acquisition proceedings.” 5. In view of the submission made in paragraph 4 of the statement that land acquisition proceedings lapsed several years back, the order passed by the Panchayath rejecting the application for building permit cannot stand. In these circumstances, the declaration sought for by the petitioner is ::3:: W.P.(C).No.9870 Of 2011 allowed. Exts.P2 & P2(a) and P3 notice are quashed. The petitioner is at liberty to submit a fresh application for building permit in accordance with law within two weeks. There will be a direction to the 3rd respondent to reconsider the application for building permit and pass appropriate orders within a period of one month from the date of submission of the application. The judgment passed by this Court does not stand in the way of the authorities from acquiring the land by initiating land acquisition proceedings afresh. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-