IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12282 of 2008(K) ---------------------------------------- PETITIONER: ------------ V.M.SANTHA, D/O.KUNHUNNI NEDUNGADI, "AJANTHA", PAVAMANI ROAD, CALICUT-4. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (LAND ACQUISITION) KOZHIKODE. 3. THE EXECUTIVE ENGINEER, ROADS & BRIDGES DIVISION, PUBLIC WORKS DEPARTMENT, KOZHIKODE. 4. THE VILLAGE OFFICER, KASABA, KOZHIKODE. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.12282 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 10th day of April, 2008 J U D G M E N T -------------------- The challenge in this Writ Petition is against Exhibit P2, which is a notice issued to the petitioner asking her to appear for an enquiry proposed to be conducted under Section 5A of the Land Acquisition Act. According to the petitioner she had already filed Exhibit P3 objection on 28.3.2008. 2. Admittedly, in this case, urgency clause under Section 17(4) of the Act is not invoked. Exhibit P2 shows that the Land Acquisition Officer had decided to conduct an enquiry under Section 5A of the Act. The proper course open to the petitioner is to appear and raise all her objections before the Land Acquisition Officer. So I find no reason to quash Exhibit P2 at this stage. If the petitioner wants to supplement or file fresh objection, she may file the same within two weeks from the date of receipt of a copy of this judgment. In the result, Writ Petition is disposed of in the following manner: Petitioner is permitted to supplement or file fresh W.P(C) NO.12282 OF 2008 -: 2 :- objection to Exhibit P2 notice before the Land Acquisition Officer within two weeks from the date of receipt of a copy of this judgment. Thereafter the Land Acquisition Officer shall conduct an enquiry under Section 5A of the Act, consider all objections raised by the petitioner and pass a reasoned order with due notice to the petitioner. It is open to the petitioner to produce a copy of this judgment before the Land Acquisition Officer, for compliance. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008