IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 34781 of 2010(W) ----------------------------------------- PETITIONER(S): -------------------------- 1. XAVIER, S/O.XAVIER, AGED 57, VILLANTHANATH UNATHA HOUSE, MANKULAM KARA AND VILLAGE, IDUKKI DISTRICT. 2. JOSEPH, S/O.XAIVER, AGED 55 OF -DO-...DO... BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): ---------------------------- 1. MANKULAM HYDRO ELECTRIC PROJECT MANKULAM KARA AND VILLAGE, DEVIKULAM TALUK, REPRESENTED BY ITS MANAGER - 685 613. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO ELECTRICITY AND POWER, SECRETARIAT, TRIVANDRUM - 695 001. 3. THE KERALA STATE ELECTRICITY BOARD, (K.S.E.B.), VYDYUTHI BHAVAN, PATTOM P.O., TRIVANDRUM - 695 004. 4. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU P.O., IDUKKI DISTRICT - 685 603. R2 & R4 BY GOVERNMENT PLEADER SMT. K.R. DEEPA R3 BY ADV. SRI. P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34781 OF 2010 -------------------------- Dated this the 7th day of December, 2010 J U D G M E N T The petitioners who are residents of Mankulam Village in Idukki District claim that they are absolute owners in possession of three acres of land situated in Survey No.76/3A of Mankulam Village. They allege that in view of the proposal to acquire their lands for the Mankulam Hydro Electric Project, which has not been finalised for the past nearly one decade, they are not able to dispose of their lands or to construct buildings therein. In this writ petition, the petitioners seek a direction to the respondents to acquire their lands either by negotiation or under the Land Acquisition Act or in the alternative to drop the proposal to acquire their lands. 2. When the writ petition came up for admission on 19.11.2010, the learned standing counsel appearing for the Kerala State Electricity Board (hereinafter referred to as 'the Board' for short) was requested to get instructions. When the writ petition came up for further hearing today, Sri. P.P.Thajudeen, learned standing counsel appearing for the Board submitted that the land is being acquired for the Mankulam Hydro Electric Project by WPC No.34781/2010 2 negotiation and not under the Land Acquisition Act, that in respect of the lands belonging to the petitioners, the Board has received two lawyer notices wherein the persons who caused the notices to be issued have claimed rival title and ownership over the land. The learned standing counsel submitted that it was in such circumstances that the Board could not purchase the lands referred to in the writ petition from the petitioners after negotiation. He also submitted that the Board has not issued any order restraining the petitioners from possessing and enjoying of their lands and that it is for the petitioners to take appropriate steps to have the dispute regarding the title and ownership of the lands resolved and thereafter to approach the Board for sale of the lands. In the light of the said submission, I find no grounds to entertain the writ petition. The writ petition is accordingly dismissed reserving liberty with the petitioners to move the Board for purchasing their lands after getting the dispute regarding title and possession resolved in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.34781/2010 3 WPC No.34781/2010 4