IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 W.P(C).No. 34756 of 2008(K) ------------------------------------- PETITIONERS : ----------------------- 1. SMT.T.PHILOMINA @ LEENA W/O.LATE A.C.JOB, AGED 62, ALINGAL HOUSE, PONNARIMANGALAM, MULAVUKKAD. 2. REGINA @ EEEVY ,W/O.CYRIL ,AGED 60 RESIDING AT ATHIPOOZHI HOUSE, MANASSERY, MUNDAMVELI P.O.,KOCHI. 3. LAILA @ MARY LAILA ,W/O. K.J.TOMY, AGED 55, RESIDING AT KURISHINGAL PONNARIMANGALAM ,MULAVUKKAD P.O. 4. LAIJU ,S/O.PHILOMINA, AGED 39, RESIDING AT ALINGAL HOUSE PONNARIMANGALAM , MULAVUKKAD . BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.S.VAIDYANATHAN SRI.P.PRIJITH RESPONDENTS : --------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, (REVENUE) GOVERNMENT SECRETARIAT TRIVANDRUM. 2. DISTRICT COLLECTOR ERNAKULAM ,CIVIL STATION, KAKKANAD. 3. THE SPECIAL TAHASILDAR, LAND ACQUISITION (RAILWAY),ERNAKULAM. *4. RAILWAY VIKAS NIGAM LTD., 38/1968, DEVI KRIPA, HIG AVENUE ROAD, GANDHI NAGAR, ERNAKULAM , REPRSENTED BY DEPUTY GENERAL MANAGER. W.P(C).No. 34756 of 2008(K) BY SRI. M.P SREEKRISHNAN, GOVERNMENT PLEADER SRI.N.B.SUNIL NATH,SC, RAILWAYS- ADDL.R4 * R4 IS IMPLEADED VIDE I.A. NO.15350 OF 2008 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 34756 of 2008(K) APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF NOTIFICATION DATED 1/12/2007 UDNER SECTION 9(3) ISSUED TO THE 1ST PETITIONER. EXHIBIT P2: TRUE COPY OF CLAIM STATMENT GIVEN BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT DATED 17/12/2007. . EXHIBIT P3: TRUE COPY OF JUDGMENT IN W.P(C) NO.5409/08 DATED 8/04/2008 BY THIS HON'BLE COURT. EXHIBIT P4: TRUE COPY OF JUDGMENT IN W.P(C) NO.17265/2008 DATED 16/06/2008. EXHIBIT P5: TRUE COPY OF ORDER DATED 25/06/2008 IN I.A. NO.8168 OD 2008 IN W.P(C) NO. 17265/2008. EXHIBIT P6: TRUE COPY OF NOTIFICATION APPEARED IN MATHRUBHOOMI DAILY DATED 6/11/2008. EXHIBIT P7: TRUE COPY OF OBJECTION DATED 13/11/2008 TO EXHIBIT P6 NOTIFICATION. EXHIBIT P8: TRUE COPY OF SKETCH. RESPONDENTS' EXHIBITS: ANNEXURE R4(a) : TRUE COPY OF THE SKETCH SHOWING THE ALIGNMENTS. ANNEXURE R4(b) : TRUE COPY OF THE SKETCH SHOWING THE ALIGNMENTS. TRUE COPY P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------------- W.P.(C) No.34756 of 2008 ------------------------------------ Dated this the 5th day of January, 2009 JUDGMENT The challenge in this writ petition is against land acquisition proceedings initiated against the petitioners' property. It is in this background Exhibit P6 notification was issued and that is under challenge. Learned Government pleader made available before me a communication sent by the petitioner consenting to the acquisition. It is stated that on that basis, award also has been passed. If that be so, I am not inclined to entertain the challenge in this writ petition. Therefore, the writ petition is closed . ANTONY DOMINIC, JUDGE scm