IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 1398 of 2010(Y) ------------------------- PETITIONER(S): ------------------ 1. NAIKARILLATH KUNHIPATHU, W/O.YOUSUF, RESIDING AT KOTTAKARIYATH HOUSE, POST-CHITHARI, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. NAIKARILLATH FOUSIYA, D/O.NAIKARILLATH KUNHIPATHU AND W/O.IBRAHIM, RESIDING AT RASEENA MANZIL, KAKKOOTHIL, POST-CHITHARI, CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.RAMACHANDRAN SRI.PADMALAYAN.P.P. SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL) RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, (TSUNAMI COMMITTEE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, CIVIL STATION, VIDYA NAGAR, KASARAGOD. 3. THE TAHSILDAR, HOSDURG, KASARAGOD DISTRICT. 4. THE SPECIAL TAHSILDAR AND LAND ACQUISITION OFFICER, OFFICE OF THE SPECIAL TAHSILDAR(LA), KASARAGOD, KASARAGOD. WPC NO.1398/2010 -2- 5. SECRETARY, AJAANOOR GRAMA PANCHAYATH, KASARAGOD DISTRICT. 6. VILLAGE OFFICER, AJAANOOR VILLAGE OFFICE, KASARAGOD DISTRICT. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 1398 OF 2010 (Y) ===================== Dated this the 4th day of March, 2010 J U D G M E N T Land acquisition proceedings are under challenge. Learned Government Pleader on instruction submits that award in this case was passed as early as on 5/2/2009 and relies on the Apex Court judgment in Swaika Properties (P) Ltd and another v. State of Rajastan and others (2008(4) SCC 695) and contends that the writ petition is not maintainable. Admittedly, the writ petition has been filed long after the award was passed. If that be so, as rightly pointed out by the learned Government Pleader the writ petition is not maintainable and is accordingly dismissed. ANTONY DOMINIC, JUDGE Rp