IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 15972 of 2005(B) --------------------- PETITIONER : -------------------- CHANDRASEKHARA PILLAI, S/O.KUTTAN PILLAI AGED 53 YEARS, SREEMANGALATHU PUTHEN VEEDU, MEKKADU, CHAVARA P.O., KARUNAGAPPALLY TALUK, KOLLAM DIST. BY ADV. SRI. R. PARAMESWARAN NAIR RESPONDENT(S): ------------------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, BOARD OF REVENUE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE MANAGING DIRECTOR, KERALA MINERALS & METALS LTD., CHAVARA. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 15972 of 2005(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE LAND ACQUISITION ACT SECTION 9 AND 10 NOTIFICATION DATED 10-5-77. EXT.P2 : PHOTOCOPY OF THE DIRECTION IN THE PROCEEDINGS NO. LA5.43494/90 DATED 12-9-91. EXT.P3 : PHOTOCOPY OF THE LETTER TP/EO/53/97/14085 DATED 25-11-1997 OF THIRD RESPONDENT. EXT.P4 : PHOTOCOPY OF THE COMMUNICATION OF SECOND RESPONDENT IN LA3-5842/2002/L.DIS DATED 15-5-2002. EXT.P5 : PHOTOCOPY OF THE JUDGMENT IN WP NO. 17527 OF 2003 OF THE HON'BLE HIGH COURT OF KERALA DATED 3-6-2004. EXT.P6 : COPY OF THE LETTER IN LA3.29153/03 DATED 26-10-2004 OF 2ND RESPONDENT ADDRESSED TO 3RD RESPONDENT. EXT.P7 : COPY OF THE APPLICATION OF PETITIONER DATED 25-2-2005 ADDRESSED TO 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15972 Of 2005 ----------------------------------------------------- DATED THIS THE 27th DAY OF JANUARY, 2011 J U D G M E N T The main prayer in the Writ Petition is for a direction commanding and compelling the 2nd respondent to consider and dispose of Exhibit P7 application filed by the petitioner and re- convey the bit of land which the KMML wishes to re-convey to the petitioner by receiving award amount of compensation, solatium and other charges. 2. It appears that the properties were acquired for the purpose of the 3rd respondent. The petitioner has received the compensation also. 3. The learned Government Pleader on getting instructions submitted that no application like Exhibit P7 has been received by the District Collector. What is sought for is a direction to the District Collector to sanction re-conveyance of property by the KMML. The learned Government Pleader submitted that there is no legal right for the petitioner to seek re- conveyance of the land and as Exhibit P7 has not been received by the 2nd respondent, this Court will not be justified in directing W.P.(C)No.15972/05 -2- the 2nd respondent to consider the same. Therefore, the Writ Petition is dismissed. The legal contentions raised are left open. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A. to Judge