IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 34790 of 2004(N) -------------------------- PETITIONERS: ------------ 1. YAMUNA K., W/O. SHAJAHAN, KAKKODAN AUTO SPARES, THIRUVONAM SHOPPING COMPLEX, M.C.ROAD, VENJARAMOODU. 2. RAJENDRAN S/O. BALAKRISHNA PILLAI REVATHY, ALANTHARA, VENJARAMOODU. 3. BAIJU KUMAR, S/O. SUKUMARAN NAIR, BINDU BHAVAN, CHEMPOORU, MUDAKKAL P.O. 4. SEKHARAN, S/O. VELUKUTTY, THENNUR KULANGARA VEEDU, VEYATTU, VENJARAMOODU. BY ADV. SRI.T.K.ANANDA PADMANABHAN RESPONDENT: ------------- STAE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SMT.LATHA T.THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 34790/04) PETITIONERS' EXTS.: EXT.P1: COPY OF THE LETTER NO.KSTP/KTR/A1-1168/03/RR LINK.1/TVPM. DATED 24.4.2004 ISSUED BY THE RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 25.8.2004 SUBMITTED BY THE PETITIONERS. EXT.P3: COPY OF THE ACKNOWLEDGEMENT CARD. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34790 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th August, 2008 JUDGMENT This Writ Petition is remaining defective on the reason that service is not completed on the respondent. Learned counsel for the petitioners sought for time to cure the defect. I would not have been ordinarily inclined to grant time since more than four years have elapsed since the order of notice was issued. But it is seen that the Government is the sole respondent in the Writ Petition and the Government Pleader has already entered appearance on behalf of the Government. Having gone through the averments in the Writ Petition, I find that the only relief which the petitioners can aspire for is to dispose of Ext.P2 representation submitted by the petitioners before the Government voicing a grievance that certain assurances given to the petitioners at the time when their properties were acquired have not been fulfilled by the Government. In all probability, the claim has become stale and the Government has already taken a decision on Ext.P2. The Government Pleader is not in a position to submit as to what has happened on Ext.P2. Under the above circumstances, I dispose of the Writ Petition issuing the following directions: If Ext.P2 is even now pending before the Government, the W.P.C.No.34790/04 - 2 - Government will hear a representative of the petitioners and take a decision on Ext.P2 at the earliest and at any rate within three months of receiving copy of this judgment. It is made clear that this court has not expressed any opinion on the merits of the petitioners' claim. srd PIUS C.KURIAKOSE, JUDGE