IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WA.No. 1031 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.18152/2010 Dated 18/06/2010 .................... APPELLANTS/PEITIONERS ------------------------ 1. P.K.JAYARAJAN,S/O.P.KUTTAPPA, PUDUSSERRY HOUSE, GURUVAYOOR P.O., CHAVAKKAD TLAUK, THRISSUR DISTRICT. 2. P.K.RAVINDRAN,S/O.P.KUTTAPPA, PUDUSSERRY HOUSE, GURUVAYOOR P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. DR.K.P.KYLASANATHA PILLAY, SENIOR ADVOCATE SMT.SREEDEVI KYLASANATH SRI.S.SANTOSH KUMAR (PERUNAD) SMT.V.J.SAFEENA SMT.SHALEENA RAJAN RESPONDENTS/RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR (LA), GURUVAYOOR DEVASWOM, GURUVAYOOR DEVASWOM, GURUVAYOOR. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE COMMISSIONR OF LAND REVENUE, PUBLIC OFFICE BUILDING THIRUVANANTHAPURAM. 4. GURUVAYOOR DEVASWOM, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR. 5. THE GURUVAYOOR DEVASWOM EDUCATIONAL SOCIETY REPRESENTED BY ITS SECRETARY GURUVAYOOR. ADV. SRI.V.KRISHNA MENON FOR R1,4&5 GOVT. PLEADER FOR R2&3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1031 of 2010 .................................................................... Dated this the 22nd day of June, 2010. JUDGMENT Ramachandran Nair, J. Heard Senior counsel appearing for the appellant and Standing Counsel appearing for the Guruvayoor Devaswom. Challenge is against acquisition of appellants' land for the purpose of the school run by the Guruvayoor Devaswom. This court has upheld acquisition proceedings for the purpose of school and even in the SLP filed and pending before the Supreme Court, Supreme Court has not stayed any proceedings pursuant to acquisition. Even though counsel for the appellants submitted that Devaswom should provide alternate land for rehabilitation, we do not think we can make it a condition for allowing Devaswom to take over the land acquired because acquisition for the purpose of school is obviously a public purpose which cannot be even delayed. The learned Single Judge has also given freedom to the appellants to approach the Land Acquisition Officer for reasonable time for shifting their house, temple etc., which they are free to pursue. 2 A reasonable time can be granted to the appellants for vacating the residential and temple premises, provided remaining land is given possession for the purpose of development without any further delay. Subject to the above observation Writ Appeal is dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms