IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 5166 of 2006(M) ------------------------- PETITIONER: ------------ 1. DR.T.M. LALITHA, ASWATHY FOOTWEAR, TC 26/207 & TC 26/210, M.G. ROAD, THIRUVANANTHAPURAM. 2. MRS. SOSAMMA ALEXANDER,W/O. ALEXANDER, M/S. KERALA SPORTS, TC 26/206, M.G. ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM. 3. TRIVANDRUM DEVELOPMENT AUTHORITY, TRIDA BUILDINGS, THIRUVANANTHAPURAM. 4. SPECIAL TAHSILDAR (LAND ACQUISITION) THIRUVANANTHAPURAM. 5. LIONEL FLETCHER, ATHANI LANE, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.K.A.JALEEL, SC., TRIDA FOR R2 SRI.D.SAJEEV FOR R5 GOVERNMENT PLEADER SRI.BASANTH BALAJI FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008 ALONG WITH W.P.(C)NO.33645/07, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.5166 OF 2006 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF PROFESSION TAX RECEIPT. EXT.P2 TRUE COPIES OF TAX ASSESSMENT PAPERS EXT.P3 COPY OF AUTHORISATION. EXT.P4 TRUE COPIES OF ASSESSMENT RECORDS EXT.P5 PHOTOGRAPHS EXT.P6 NOTICE DTD. 16-1-2006 EXT.P7 TRUE COPY OF INTERIM ORDER IN W.P.C.NO.2828/06 /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).NOs.5166/06 & 33645/07 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 JUDGMENT It has now been finally settled by the judgment of the Full Bench of this court in Saramma Itticheriya v. State of Kerala (2008(1)KLT 6 (F.B.) that the tenants in possession of buildings which are acquired under the provisions of the Land Acquisition Act do not qualify as interested parties. Following the principles laid down by the Full Bench in Saramma Itticheriya v. State of Kerala ( 2008(1)KLT 6 (F.B.), W.P.(C) No.5166/06 is only to be dismissed. As far as W.P.(C)No.33645/07 filed by the landlord seeking a direction for demolition of the remainder portion of the building is concerned, the same is only to be allowed. The result is W.P.(C)No.5166/06 is dismissed. W.P.(C) No.33645/07 will stand allowed directing the respondents to demolish the remainder portions of the building existing on the acquired property and thereby accomplish the purpose for which the acquisition was made at the earliest and at any rate within one month of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv