IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 2610 of 2009(I) ------------------------- PETITIONER(S): --------------- 1. V.G.MINI, BAIJU BHAVAN,MAYYANADU, KOLLAM DISTRICT, KERALA. 2. K.RAVINDRAN,PANAYIL VEEDU, MAYYANADU, KOLLAM DISTRICT, KERALA. 3. MANJU SIDHARTHAN, RAMAN KULLAM, MAYYANADU, KOLLAM DISTRICT, KERALA. BY ADV. SRI.A.N.RAJAN BABU SRI.A.K.GOPI RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, KERALA PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR,KOLLAM. 4. THE SPECIAL TAHSILDAR, LAND ACQUISITION NO.1, KOLLAM. GOVERNMENT PLEADERSRI.K.V.MANOJ KUMAR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2009, ALONG WITH WPC NO. 2927 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 2610/2009 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA KAUMUDI DATED 19.10.2007. EXT.P2 - TRUE COPY OF THE SCHEDULE ATTACHED TO THE ABOVE PUBLICATION. EXT.P3 - TRUE COPY OF THE NOTIFICATION PUBLISHED IN KERALA KAUMUDI DAILY DATED 28.10.2007. EXT.P4 - TRUE COPY OF THE PAPER PUBLICATION IN MALAYALA MANORAMA DAILY DATED 26.4.2008. EXT.P5 - TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 14.7.2008. EXT.P6 - TRUE COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 25.8.2008. EXT.P7 - TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE THE 3RD RESPONDENT DATED 22.11.2007. EXT.P8 - TRUE COPY OF THE ORDER DATED 18.1.2008 IN WP( C) NO.2148/2008 PASSED BY THIS HONOURABLE COURT. EXT.P9 - TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS AND OTHERS BEFORE RESPONDENTS 3 AND 4 DATED 20.5.2008. EXT.P10 - TRUE COPY OF THE JUDGMENT DATED 10.4.2008 IN W.P.(C) NO.2148/2008 OF THIS HON'BLE COURT. EXT.P11 - TRUE COPY OF THE ORDER RECEIVED BY THE S.N.D.P. SAKHA AND ISSUED BY THE 4TH RESPONDENT DATED 14.10.2008 WITH DECISION. EXT.P12 - TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT NO.A7-736/07 DATED 5.1.2009. EXT.P12(a) – TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT NO.A7-736/07 DATED 5.1.2009. EXT.P13 -TRUE COPY OF THE AWARD BY THE 4TH RESPONDENT, NO.4/08-09 DATED 5.1.2009 IN LAC NO.42/08-09. EXT.P13(a) – TRUE COPY OF THE AWARD BY THE 4TH RESPONDENT, NO.4/08-09 DATED 5.1.2009. EXT.P14 - TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 1.1.2009 TO THE 3RD PETITIONER. EXT.P15 - TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 5.1.2009 TO THE 2ND PETITIONER. WPC 2610/2009 EXT.P16 - TRUE COPY OF THE AWARD DATED 5.1.2009, NO.4/08-09 IN LAC NO.45/08-09, ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER. EXT.P17 - TRUE COPY OF THE AWARD DATED 5.1.2009, NO.4/08-09 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER. /TRUE COPY/ K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P.(C) NOS. 2610 & 2927/2009 ----------------------------------------- Dated 26th May, 2009. JUDGMENT Balakrishnan Nair, J. The petitioners are owners of land in Mayyanadu and Eravipuram Villages. The acquisition proceedings challenged in W.P.(C) No.32802/2008 are those impugned in these Writ Petitions also. The main contention raised in these Writ Petitions is also that the acquisition is being made to accommodate persons with political patronage, who are not in any way affected by Tsunami. In both the cases, the Government have filed counter affidavits, denying the allegations. According to the Government, the scheme is meant for rehabilitating those who are residing in vulnerable areas and to accommodate them in safer areas. The proposed scheme covers re-settlement of 11000 families. 2. Since the contentions being identical, in view of the dismissal of W.P.(C) No.32802/2008, these Writ Petitions are also liable to be dismissed. The rehabilitation of persons who are likely to be affected by WPC Nos.2610 & 2927/09 2 Tsunami and other natural calamities, is definitely a public purpose and even if the list of beneficiaries contains some ineligible persons, the same can, in no way, affect the validity of the acquisition proceedings. 3. The petitioners have another contention that the direction of this Court to consider their representations has not been obeyed. Their representations were not properly considered. But, we notice that those representations were considered by the Land Acquisition Officer and he filed a report before the Land Revenue Commissioner. Pursuant to that only the Land Revenue Commissioner made the decision dated 17.9.2008. In the result, the Writ Petitions fail and they are dismissed. K.BALAKRISHNAN NAIR, JUDGE. C.T.RAVIKUMAR, JUDGE. nm/