IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 12629 of 2008(C) -------------------------------------- PETITIONER: ------------------- DR. K.A. THAHIRA W/O.LATE MOHAMMED YOUSEFF VALIYAVEETTIL, SRM ROAD, COCHIN-18. BY ADV. SRI.M.A.SHAFIK SRI.ASHIK K.MOHAMMED ALI RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISASTER MANAGEMENT (TRP CELL) DEPARTMENT, THIRUVANANTHAPURAM, REPRESENTED THE PRINCIPAL SECRETARY TO GOVERNMENT. 3. COMMISSIONER OF LAND REVENUE GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING THIRUVANANTHAPURAM-695 033 4. THE DISTRICT COLLECTOR ERNAKULAM DISTRICT. 5. THE SPECIAL TAHSILDAR (LA) GENERAL, COLLECTORATE, ERNAKULAM. 6. THE REVENUE DIVISIONAL OFFICER, FORT COCHIN. 7. THE TAHASILDAR, KOCHI. 8. THE VILLAGE OFFICER EDAVANAKAD VILLAGE, ERNAKULAM DISTRICT. R1 TO R8 BY GOVERNMENT PLEADER MR. P.K. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009,ALONG WITH W.P.(C). NOS. 12469 OF 2008 AND 13924 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12629/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 01/02/2008 UNDER SECTION 6 (I) OF THE KERALA SURVEYS AND BOUNDARIES ACT, 1961, PUBLISHED BY THE SPECIAL TAHSILDAR (LA), GENERAL, ERNAKULAM, IN THE DESHABHIMANI DAILY. EXT.P.2: COPY OF THE ALIGNMENT SKETCH ISSUED BY THE SPECIAL TAHSILDAR (LA), GENERAL, ERNAKULAM. EXT.P.3: COPY OF THE SKETCH OBTAINED FROM THE TALUK OFFICE, KOCHI. EXT.P.4: COPY OF THE NOTICE UNDER SECTION 4 OF THE KERALA LAND ACQUISITION ACT PUBLISHED IN THE DESHABHIMANI DAILY DTD. 20/03/2008. EXT.P.5: COPY OF THE SKETCH MAHAZAR PREPARED BY THE VILLAGE OFFICER, EDAVANAKAD ON 01/10/2007. EXT.P.6: COPY OF THE GUIDELINE ISSUED BY THE R.3. ON 08/05/2007. EXT.P.7: COPY OF THE GUIDELINE ISSUED BY THE R.2. ON 30/07/2007. EXT.P.8: COPY OF THE LETTER DTD. 15/05/2007 ISSUED BY THE R.4. TO THE R.6. EXT.P.9: COPY OF THE REPORT DTD. 22/05/2007, SENT BY THE R.7 ALONG WITH ANNEXURE I PARTICULARS TO THE DISTRICT COLLECTOR AND THE REVENUE DIVISIONAL OFFICER. EXT.P.10: COPY OF THE ORDER DTD. 23/02/2008 BY THE DISASTER MANAGEMENT DEPARTMENT. EXT.P.11: COPY OF THE LETTER DTD. 23/02/2008 ISSUED BY THE TAHSILDAR, KOCHI TO THE SECRETARY, GRAMA PANCHAYATH, EDAVANAKAD. EXT.P.12: COPY OF THE LETTER DTD. 13/03/2008 ISSUED BY THE SECRETARY, GRAMA PANCHAYATH, EDAVANAKAD TO THE TAHSILDAR, KOCHI. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.12629 OF 2008 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT Learned Government Pleader states that the acquisition which is subject matter of this writ petition stands dropped since the Government, after conducting soil test, are satisfied that the land is not fit to put to use for the intended purpose. This is recorded. The acquisition of the land involved in this case will stand quashed. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.