IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 10783 of 2008(H) -------------------------- PETITIONER: ------------ SADANANDAN BABU DAS PAVITHRAM, KOOTTIKKADA P.O.KOLLAM. BY ADV. SRI.A.N.RAJAN BABU RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT SECRETARIATE, TRIVANDRUM. 2. DISTRICT COLLECTOR, KOLLAM. 3. SPECIAL TAHASILDAR, LAND ACQUISITION NO.1 KOLLAM. BY SR.GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2008, ALONG WITH W.P.(C) No.10819/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) Nos. 10783 & 10819 of 2008 ------------------------------- Dated this the 4th April, 2008. J U D G M E N T In both these writ petitions, petitioners are challenging the notification issued under Section 4(1) of the Land Acquisition Act, to acquire land, for the purpose of providing rehabilitation to victims of Tsunami. According to the petitioners, almost all Tsunami victims were rehabilitated by Government, Matha Amrithananda Mayi Madam, and other voluntary organisations, and the attempts of the respondents is to acquire land on the pretext of providing to Tsunami victims and then to allot the same to the members of political party who is in power. It is also argued that the term of lease for the land leased out to Harrison and Cross Field has expired and that land is a Government land, situated in Mundakkal village, Kollam District. It is also submitted that lessee had already alienated some part of the properties in violation of the lease agreement, and still the W.P.(C) Nos.10783 & 10819/2008 2 respondents are not taking any steps to re-possess the land and that land could be taken back without even paying compensation, and can be allotted to Tsunami victims. 2. In these cases, the respondents have not invoked the urgency clause under Section 17(4) of the Land Acquisition Act, as it is clear from Ext.P4 filed W.P.(C) No.10819/2008. Ext.P5 is the objection filed by the petitioner in W.P.(C) No.10819/2008, in response to Section 4(1) notification under the Land Acquisition Act. Though it is submitted that the petitioner was heard on 9.1.2008, I am of the view that it is only just and proper to permit the petitioner to file another detailed additional objection, so far as petitioners in W.P. (C) No.10819/2008 is concerned, and also to file objection, if any, by the petitioner in W.P.(C) No.10783/2008, within two weeks from the date of receipt of a copy of this judgment. If such objections are filed, the respondents shall consider the same and dispose of the objections so filed, in accordance with law. It is open to the petitioners to raise all their contentions now raised in the writ petitions before the authorities who is conducting enquiry under Section 5A of the Land W.P.(C) Nos.10783 & 10819/2008 3 Acquisition Act. However, it is made clear that declaration under Section 6 of the Land Acquisition Act shall issued only after considering and disposing of the objections filed by the petitioners. The writ petitions are disposed of with the above directions. K.PADMANABHAN NAIR, JUDGE nj.