IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 14177 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. E.R.VIJAYARAGHAVAN, "AJITH", CHETTIKULLUM, ELATHUR, CALICUT-673 303. 2. SMT.NIRMALA RAJAKRISHNAN, "JITHS", ERANHIKKAL P.O., ELATHUR, CALICUT-673 303. BY ADV. SRI.T.SANJAY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL SECRETARY TO GOVERNMENT, DISASTER MANAGEMENT (TRP-CELL) DEPARTMENT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOZHIKODE. 4. SPECIAL TAHSILDAR, LAND ACQUISITION, CIVIL STATION P.O., KOZHIKODE. 5. TALUK TAHSILDAR, LAND ACQUISITION, CIVIL STATION P.O., KOZHIKODE. 6. JR.SUPERINTENDENT, T.R.P.CELL, CIVIL STATION, KOZHIKODE. 7. COMMISSIONER OF LAND REVENUE, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR FOR R3 SMT.SATHYASHREE PRIYA.E.,ADV.COMMISSIONE FOR COMMISSIONER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of Govt. Order dated 29.2.2008 Ext.P2. True copy of Govt. Order dated 29.2.2008 Ext.P3. True copy of the representation dated 4.5.2009 sent by the Ist petitioner. Ext.P4. True copy of the representation dated 4.5.2009 sent by the 2nd petitioner. Ext.P5. True copy of the representation dated 11.5.2009 sent by the Ist petitioner. Ext.P6. True copy of the representation dated 11.5.2009 sent by the 2nd petitioner. Ext.P7. True copy of the reminder dated 15.5.2009 sent by the Ist petitioner. Ext.P8. True copy of the reminder dated 15.5.2009 sent by the 2nd petitioner. Ext.P9. True copy of the medical report of the mentally handicapped son of the petitioner. // true copy // P.S to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.14177 OF 2009 (N) -------------------------------------------------- Dated this the 30th day of March, 2010 J U D G M E N T First petitioner owns 51 cents of land and second petitioner owns 60 cents of land, situated in Sy. No.107/9-A of Elathur Village. 2. By Ext.P1, the Disaster Management Department of the Government of Kerala, identified a total extent of 8.4323 hectors of land in various Survey Numbers for rehabilitation of Tsunami victims under the Tsunami Rehabilitation Programme. Annexure to Ext.P1 included 88 cents of land in Sy. No.124/4 of Elathur Village for acquisition. However, when Ext.P2 notification was issued, the aforesaid 88 cents was replaced with 70 cents of land situated in Sy. No.107/9-A of Elathur Village belonging to the petitioners. 3. According to the petitioners going by the guidelines for the identification and precurement of land under the Tsunami Rehabilitation Project, issued by the Government of Kerala under the cover of its letter dated 30.7.2007, the land identified and mentioned in Ext.P1 was more suitable than their land and therefore Ext.P2 to the extent it excludes the land in Sy. No.124/4 of Elathur WPC.No. 14177/09 :2 : Village is illegal. Reason for such exclusion, according to the petitioners, is the political influence exerted by the owners of the land included in Ext.P1. 4. Complaining of the steps taken against their land, petitioners submitted Exts.P3 to P8 representations before various authorities. It would appear that on the representations, the District Collector obtained a report from the Tahsildar. In the report, the Tahsildar reported that the land mentioned in Ext.P1 was not suitable and accepting the report, the District Collector issued Ext.R3(c) dated 14.6.2009 rejecting representations made by the petitioners. It is in this circumstances that this writ petition has been filed. 5. Although suitability of the land to be acquired and the choice of the land is primarily the duty of the authorities under the Land acquisition Act, when such choice or assessment of suitability is vitiated for extraneous considerations or arbitrariness, then and then alone can this court interfere with such administrative decisions. In this case, the choice and suitability of the land are to be governed by the guidelines published by the Government of Kerala vide its letter dated 30.7.2007 referred to WPC.No. 14177/09 :3 : above. In the report of the Tahsidar relied on in Ext.R3(c) there is nothing to indicate that the suitability of the land mentioned in Ext.P1 was assessed with reference to the standards laid down by the Government in the guidelines referred to above and that it was applying those standards the land has been found unsuitable. Therefore, the rejection of the petitioners' representations relying on the report thus submitted by the Tahsildar, cannot be upheld. 6. In view of the above, I dispose of this writ petition, directing that the 3rd respondent shall consider the suitability of the land mentioned in Ext.P1, applying the guidelines issued by the Government for the identification of the land under the Tsunami Rehabilitation Programme with notice to the petitioners and also owners of the land mentioned in Ext.P1. On this basis, the request made by the petitioners in Exts.P3 to P8 for exclusion of their land will be reconsidered. Such decision will be taken as expeditiously as possible and in the manner as directed above, untrammeled by Ext.R3(c). It will be open to the parties to substantiate their respective contentions by producing materials as they deem necessary. WPC.No. 14177/09 :4 : It is made clear that until the orders as above is passed, the interim order granted by this court on 1.12.2009 and extended thereafter will remain in force. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/