IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15725 of 2009(I) -------------------------------------- PETITIONER: ------------------- SMITHA DAS, D/O. CHANDRALEKHA, `THASILE', T.C. 27/165 (27/1677), PATHIRIKKARI MURI, VANCHIYOOR VILLAGE, VANCHIYOOR.P.O., THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM – 695 035, (REPRESENTED BY HER POWER OF ATTORNEY HOLDER, C.V. SUJAI, NANDANAM, MCWRA – 12, AITIKONAM, PUMB HOUSE ROAD, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM – 695 011. BY ADVS. MR.M.RAMACHANDRAN NAIR, MR.ABHISHEK.R.V. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF ADMINISTRATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM. 3. SPECIAL TAHSILDAR, ADDL(L.A) UNIT, VANCHIYOOR.P.O., THIRUVANANTHAPURAM -695 035. W.P.(C). NO.15725/2009-I: 4. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, VAZHUTHACAUDU, THIRUVANANTHAPURAM – 695 014. R1 TO R3 BY GOVT. PLEADER MR. MATHEW VADAKKEL, R4 BY MR. M. RAJAGOPALAN NAIR, S.C, TRIDA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15725 of 2009-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of June, 2009. JUDGMENT Learned Government Pleader appears for respondents 1 to 3. Learned standing counsel appears for 4th respondent. The claim of the petitioner is that she is entitled to compensation on account of acquisition of a parcel of land without building abutting the Vanchiyoor-Pattoor road in Thiruvananthapuram. The stand taken by the respondents in relation to the case of the petitioner is apparently the same that was adopted as against her neighbours whose cases stand regulated by the judgment issued by this Court in WP(C).7767/2009. Adopting that judgment and the reasons stated therein, it is ordered that any dispossession of the petitioner would be WP(C)15725/09 -: 2 :- only consequent to the delivery of notices under Section 9(3) of the Land Acquisition Act, 1894 and without prejudice to her right to claim due compensation in accordance with law. A copy of the judgment dated 29.5.2009 in WP(C).7767/2009 will stand appended to this judgment. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/110609