IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WA.No. 155 of 2009() -------------------- {IN WPC.28586/2007 OF THIS COURT} .................... APPELLANT(S): PETITIONER ---------------------------------------------- CELEENA ANTONY, AGED 42, W/O ANTONY, ALAPATT HOUSE, K.S.R.R.T.C.ROAD, CHALAKUDY, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) RESPONDENT(S): RESPONDENTS ----------------------------------------------------- 1. THE KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM-695 001. 2. THE STATE OF KERALA,REP; BY THE SECRETARY TO THE GOVT. REVENUE DEPARTMENT, SECRFETARIAT, THIRUANANTHAPURAM. BY SRI.POOVAPPALLY M.RAMACHANDRAN NAIR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- C.M.Application No.85 of 2009 & W.A.No.155 of 2009 ------------------------- Dated this the 23th day of January, 2009. JUDGMENT Koshy, Ag.C.J. C.M.Application No.85 of 2009 is a petition for condonation of a long delay of 498 days. The judgment was dictated in open court in the presence of the counsel for the petitioner. We see no valid grounds to condone the delay in filing the appeal. 2. Apart from the above, the appellant's land was acquired for a public purpose. Since the land was not used, so far, for the purpose for which it was acquired, the appellant sought for return of the land to her. 3. The learned Judge, placing reliance on the decision in Government of A.P and another v. Syed Akbar {2005(1) SCC 558} held that after the acquisition, even if it is not used for the purpose for which the acquisition was made, the owner has no right to demand its return. Therefore, there is no merit in the appeal also. Apart from the above, no valid and satisfactory reasons are given for condoning the long delay. W.A.NO.155/09 :: 2 :: We, therefore, dismiss the petition for condonation of delay. Consequently, the writ appeal is also dismissed. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge