IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 15736 of 2010(N) -------------------------- PETITIONER(S): --------------- K.I.SHAHUL HAMEED, S/O.LATE IBRAHIM HAJI KAKKAT HOUSE, EDAVANAKKAD PL.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.A.SHAMSUDEEN SMT.SEEMA.E.GEORGE SRI.V.K.MEETHIANKUNJU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM ERNAKULAM DISTRICT. 3. THE VILLAGE OFFICER, EDAVANAKAD, ERNAKULAM DISTRICT. 4. THE SUB REGISTRAR, KUZHUPILLY, ERNAKULAM DISTRICT. 5. THE GOSHREE ISLANDS DEVELOPMENT AUTHORITY, ENRNAKULAM, REPRESENTED BY ITS SECRETARY. BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15736 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2010. JUDGMENT The petitioner seeks for a direction to the fourth respondent to register the document submitted by him partitioning the properties of his father, late Ibrahim Haji, comprised in Sy. Nos.157, 184 and such other numbers in Edavanakkad Village. The father of the petitioner died on 7.10.2005. He has left six legal heirs and for registering a partition deed, the 4th respondent was contacted by the petitioner. It was informed that the District Collector has issued a notification freezing the transactions in respect of lands in various survey numbers in Vypin Island including that of the petitioner, in the light of the proposal to acquire the same for the purposed Vypin Coastal Highway. Aggrieved by the same, the petitioner has filed this writ petition. 2. Learned Govt. Pleader, on instructions submitted that no notification under Section 4(1) of the Land Acquisition Act is issued so far for the proposed Coastal Highway. 3. What is sought to be executed is only a partition deed. Even if the partition deed is registered, it will not prevent the authorities from proceeding under the Land Acquisition Act or from proceeding with the 15736/2010 2 steps for getting the property acquired by negotiation. 4. Therefore, the writ petition is allowed. There will be a direction to the 4th respondent to register the partition deed said to have been produced by the petitioner along with the legal heirs, if it is otherwise in order. It is made clear that this will not stand in the way of the respondents proceedings with any steps for acquisition of the properties in the area. No costs. (T.R. Ramachandran Nair, Judge.) kav/