IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 W.A.No.1843 of 2008-E ----------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.5773/2008-K, DATED 09/06/2008 .................... APPELLANT/PETITIONER:- ---------------------------------------- P.C.MATHEW, S/O.LATE P.C.CHACKO, PAINUNKAL HOUSE, MANARCADU, KOTTAYAM. BY ADV.SRI.ALEXANDER JOSEPH. RESPONDENTS/RESPONDENTS:- --------------------------------------------------- 1. THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, STATE OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. SPECIAL THASILDAR L.A .(GENERAL), KOTTAYAM. 4. MANARCADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANARCADU, KOTTAYAM. 5. THE PRESIDENT, MANARCADU GRAMA PANCHAYATH, MANARCADU, KOTTAYAM. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. R4 BY ADV. SRI.MATHEW JOHN (K) & SRI.AJEESH K.SASI. THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.1843 of 2008-E & C.M.Appln.No.812 of 2008 -------------------------------------------- Dated, this the 15th December, 2008 JUDGMENT H.L.Dattu,C.J. The delay in filing the Writ Appeal is condoned. (2) This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.5773 of 2008, dated 9.6.2008. (3) The primary contention of the petitioner before the learned Single Judge was, that, the respondent-Grama Panchayat does not have enough funds for the purpose of construction of market and taxi stand. (4) The learned Single Judge, after going through Exhibit R4(a) and Exhibit R4(b), has come to the conclusion, that, the Grama Panchayat has already deposited the entire compensation determined by the Land Acquisition Officer. (5) The main ground urged by the appellant even before us, is, that, the respondents have not deposited the compensation amount payable to the land users and, therefore, the acquisition proceedings cannot be continued. (6) Having carefully perused Exhibit R4(a) and Exhibit R4(b), we are of the firm opinion, that, the requisitioning authority has already deposited the entire compensation amount payable to the land users and, W.A.No.1843 of 2008-E 2 - therefore, nothing survives in this Writ Appeal for our consideration and decision. Therefore, the Writ Appeal is disposed of as having become unnecessary. (7) However, we reserve liberty to the appellant, if he so desires, to get himself impleaded in W.A.No.2049 of 2008. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge