IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 20927 of 2010(M) -------------------------- PETITIONER: ------------- 1. S.WILLIAMAS,ADVOCATE,T.C.14/415, "CHITHIRA"VIKAS BHAVAN, P.O.,PALAYAM, THIRUVANANTHAPURAM. 2. SREENIVASA SHARMA, "PRANAVAM"NO.146, SREEKRISHNAPURAM GRAMAM,NEYYATTINKARA,REP.BY HIS POWER OF ATTORNEY HOLDER, NEELAKANTA SARMA, S/O.SUBRAMANIA SARMA, E-50,'MILAN"LEKSHMI NAGER, PATTOM P.O.,THIRUVANANTHAPURAM. 3. V.C.MANJU, VIJAYA BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): ------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (LA) SREEPANDARAVAKA LANDS, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.20927 of 2010 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2010 JUDGMENT The petitioners are aggrieved by the inaction on the part of the respondents to acquire part of the properties held by them and in their possession for acquisition of Phase IV Development of Electronic Techno Park. 2. It is claimed in the Writ Petition that the petitioners are owners and persons in possession of 7 Acres and 54 cents and 520 Sq.inks of property in Sy.Nos.400/1, 400/1-1, 400/1-2, 400/1-3, 400/1-4, 400/4, 400/4-1, 400/4-2 and 400/4-3 of Pallippuram Village. According to them, they have purchased it as per Exhibits P1 to P3 sale deeds. 3. Presently, going by the averments in the Writ Petition, the petitioners have already appeared before the Land Acquisition Officer pursuant to the notice issued under Section 9(3) of the Land Acquisition Act. It is pointed out that so far as the acquisition proceedings are concerned, they are confined to 5 Acres 35 cents and 218 Sq.links, out of which compensation was given only for 4 Acres 96.918 Sq.links The dispute raised by the W.P.(C)No.20927/10 -2- respondents appears to be that the remaining properties are 'Purambokku' lands and therefore the petitioners are not entitled for the payment of compensation. This is disputed by the petitioners by asserting their title and possession for number of years. 4. The learned Government Pleader on instructions submitted that an Award has been passed with respect to 2 Hectares and 01.10 cents which is the property to which they have title and possession. 5. The main relief sought for in the Writ Petition is for a direction to the respondent to give notice to the petitioners if they intend to take possession of the remaining 2 Acres 19 cents 302 Sq.Links of property in Sy.Nos.400/1, 400/1-1, 400/1-2, 400/1-3, 400/1-4, 400/4, 400/4-1, 400/4-2 and 400/4-3 of Pallippuram Village. The issue regarding the rights of the petitioners, therefore, will have to be decided in an appropriate civil suit, since they have asserted title and possession of the property. 6. In that view of the matter, this Court cannot compel the respondents to acquire the properties by initiating W.P.(C)No.20927/10 -3- proceedings under the Land Acquisition Act, especially since the respondents take the stand that the remaining property is 'purambokku' land. 7. The learned counsel for the petitioners then submitted that till the petitioners approach the Civil Court, the respondents may be restrained from taking forcible possession of the property. In view of the claim of possession of the petitioners, any eviction could be sought only in terms of the Land Conservancy Act and therefore if the petitioners are to be divested of the disputed properties, it can be done only after issuing appropriate notices under the Act and after hearing them alone, the further proceedings will be finalised. Accordingly, the Writ Petition is disposed of without prejudice to the right of the petitioners to approach the civil court, if they are so advised. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn