IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21551 of 2008(N) -------------------------- PETITIONER: ------------ MATHAI ALIAS, S/O MATHAI, PALATHINKAL VEEDU, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, REPRESENTED BY HIS BROTHER AND GUARDIAN JACOB, FR. MATHEW, PALATHINKAL VEEDU, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK,. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR (LA), KOCHI CORPORTION, VYTILLA, KOCHI -19. 2. MULANTHURUTHY GRAMA PANCHAYATH, REPRESENTED BYITS SECRETARY, MULANTHURUTHY P.O. BY GOVT. PLEADER SRI.BASANT BALAJI FOR R1 ADV.SRI.S.SREEKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.21551 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2008 JUDGMENT Heard the learned counsel for the petitioner Sri.K.Sasikumar, the learned standing counsel for the Panchayat Sri.S.Sreekumar and the learned Government Pleader Sri.Basant Balaji. Sri.K.Sasikumar submitted that since the land acquisition officer is proceeding under the ordinary provisions of the statute, it is obligatory that Ext.P3 objections should be enquired into and thereafter only any declaration under Section 6 of the Act can be promulgated. Sri.S.Sreekumar submitted that the Panchayat which is the requisitioning authority has deposited the requisite amounts and the Panchayat wants to take possession of the property at the earliest. Government Pleader submitted that there is no question of section 6 declaration being promulgated before enquiry under section 5A is completed. 2. Having considered the rival submissions addressed at the Bar, I am of the view that the writ petition itself can be disposed of in the following terms; WPC.No. 21551/08 2 The first respondent is directed to hold necessary equiries into Ext.P3 as envisaged by section 5A of the Land Acquisition Act, hear the petitioner and then only prepare his report incorporating recommendations regarding the objections raised in Ext.P3. This, the first respondent will do at his earliest so that in the event of Ext.P3 objections not being upheld, the proceedings can be expedited. PIUS.C.KURIAKOSE JUDGE sv. WPC.No. 21551/08 2