IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 7546 of 2009(K) ------------------------------------- PETITIONER: ------------------- M.K.GOMATHY, AGED 69 YEARS, W/O.RAMAKRISHNAN, PUTHUVALPARAMBIL VEEDU, MANJUMMAL P.O., UDYOGAMANDAL - ELOOR -683 501. BY ADV. MR.SIVAN MADATHIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL LANES - KAKKANAD, ERNAKULAM DISTRICT. 3. THE SPECIAL THAHSILDAR, LAND ACQUISITION, VALLARPADOM INTERNATIONAL CONTAINER TRANSHIPMENT TERMINAL PROJECT, COLLECTORATE BUILDING, KAKKANAD. R1 TO R3 BY SR. GOVT. PLEADER MR. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7546/2009-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AWARD NOTICE DTD. 23/11/2007. EXT.P.2: COPY OF THE REPRESENTATION DTD 03/12/2007 SUBMITTED BY THE PETITIONER. EXT.P.3: COPY OF THE JUDGMENT DTD. 12/06/2008 IN W.P. NO.36154/2007. EXT.P.4: COPY OF THE COMMUNICATION LAC NO.486/08 DTD. 28/08/08. EXT.P.5: COPY OF THE MINUTES OF THE MEETING DTD. 05/07/2008. EXT.P.6: COPY OF THE APPLICATION DTD. 07/07/2008. EXT.P.7: COPY OF THE APPLICATION DTD. 21/07/2009. EXT.P.8: COPY OF THE LETTER NO.C6-71682/07 DTD. 24/07/2009. EXT.P.9: COPY OF THE REPRESENTATION DTD. 25/06/2008 GIVEN BY THE PETITIONER. EXT.P.10: COPY OF THE REPRESENTATION DTD. 18/10/2008. RESPONDENTS' ANNEXURE: ANNEXURE R3.A: COPY OF THE ORDER DTD. 21/01/2009. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 7546 OF 2009 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner seeks a direction to respondents 1 to 3 to take immediate steps to enable her to obtain housing rent allowance, shifting allowance and also for compensation at DLPC rates, as granted to similarly placed persons. 2. Ext.P3 is an earlier judgment. The petitioner was a party to that case. Following that judgment Ext.R3(a) order was issued on I.A.N.139/2009. With the finality of Exts.P3 and R3(a), the petitioner is not entitled to any further relief. 3. In the earlier litigation leading to Ext.P3, the petitioner had contended that the DLPC rates are far below the true market rate and had prayed for an adjudication of market value by competent court. In view of that stand, Ext.P3 was issued giving liberty to move for relief under Section 18 of the Land Acquisition Act, 1894. That was not resorted to. An application for enlargement W.P.(C) No.7546/2009 2 of time was also filed. That led to Ext.R3(a), rejecting that request on merits. 4. The Writ Petition in hand is filed essentially turning a topsy-turvy from the facts and grounds urged in the case, that led to Ext.P3 judgment. Taking into consideration, the age of the petitioner and the facts that she had lost her land in acquisition for a public purpose, this Court stands persuaded against imposing an order of costs on her. In the result, this Writ Petition is dismissed. No costs. THOTTATHIL B. RADHAKRISHNAN, Judge ps