IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 37718 of 2007(M) -------------------------- PETITIONER: ------------ 1. SIVADASAN PILLAI,SHALLY BHAVAN, THAZHUTHALA,KOTTIYAM,KOLLAM DISTRICT. 2. SAKEENA BEEVI,THUNDIL VEEDU, MYLAKAD P.O,VIA KOTTIYAM,KOLLAM. 3. R.RAMESAN,NADUVILA PUTHEN VEEDU, THAZHUTHALA,KOTTIYAM P.O,KOLLAM. 4. RAJINA,MULLAVILA PUTHEN VEEDU, THAZHUTHALA KOTTIYAM P.O,KOLLAM. 5. NIHAS,ASSARZHIKATHU VEEDU,KOTTIYAM, KOLLAM. 6. MEESEERA,ASSARAZHIKATHU VEEDU, KOTTIYAM,KOLLAM. 7. ANANDA BHAI,THEKKEKUTTIYIL HOUSE, THEKKEVILA,KOLLAM. 8. KAMALAKSHY AMMA,KADAKKAL KIZHAKKATHIL, SHOBHA MANDIRAM,MYLAKAD P.O,VIA KOTTIYAM,KOLLAM. 9. KULSAM BEEVI,MULLANVILA PUTHEN VEEDU, THAZHUTHALA,KOTTIYAM,KOLLAM. 10. SAJITH,KANJIRAMVILA VEEDU,EZHUKONE P.O, KOLLAM. WP (C) No.37718/2007 : 2 : 11. NASSER,CHIRAVILA VEEDU,THAZHUTHALA, KOTTIYAM,KOLLAM. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN SMT.ANUPAMA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,KOLLAM. 3. THE SPECIAL TAHSILDAR (LA), NO.I OFFICE,KOLLAM. BY SENIOR GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C) No.37718/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 9.10.2007 PUBLISHED IN NEWSPAPER MATHRUBHUMI IN KOLLAM EDITION DATED 18.10.2007. EXT.P2 TRUE COPY OF THE OBJECTION FILED BY THE FIRST PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P3 TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE 3RD PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P5 TRUE COPY OF THE OBJECTION FILED BY THE 4TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P6 TRUE COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P7 TRUE COPY OF THE OBJECTION FILED BY THE 6TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P8 TRUE COPY OF THE OBJECTION FILED BY THE 7TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P9 TRUE COPY OF THE OBJECTION FILED BY THE 8TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P10 TRUE COPY OF THE OBJECTION FILED BY THE 9TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P11 TRUE COPY OF THE OBJECTION FILED BY THE 10TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. EXT.P12 TRUE COPY OF THE OBJECTION FILED BY THE 11TH PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.11.2007. //TRUE COPY// P.A. To Judge. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.37718 of 2007 ------------------------------- Dated this the 24th March, 2008. J U D G M E N T Petitioners are owners of land situated in Block No.28 of Thazhuthala village. The properties of the petitioners were sought to be acquired for a public purpose. Notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published on 18.10.2007. According to the petitioners, all of them had filed objections, copies of some of which are marked as Exts.P2 to P11. It is a case in which the Land Acquisition Officer has not invoked the urgency clause under Section 17(4) of the Act. So, a statutory duty is cast upon the Land Acquisition Officer to conduct an enquiry as contemplated under Section 5A of the Act. It is submitted that most of the petitioners have filed their objections. Even if any of the petitioners have not filed objections, I am of the view, two more weeks time from the date of receipt of a copy of this judgment, can be granted to them to file additional objections, or a detailed objection, before the Land Acquisition Officer. If such objections are filed, the Land Acquisition Officer shall conduct an enquiry as contemplated under Section 5A of the Act and dispose of the same, in accordance with law, with due W.P.(C) No.37718/2007 2 notice to the petitioners. It is open to the petitioners to raise all objections which they have raised in this writ petition, including the one that alternate lands are available for such acquisition. The Land Acquisition Officer shall consider the same on merits and pass appropriate orders in accordance with law. The writ petition is disposed of as above. K.PADMANABHAN NAIR, JUDGE nj.