IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 37125 of 2008(T) -------------------------- PETITIONER(S): --------------- K.I.VELAYUDHAN, G-O, SOUTH PARK, KANNANKULANGARA ROAD, KOORKKANCHERY P.O., THRISSUR. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENT(S): --------------- 1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (LA) GENERAL, THRISSUR. BY GOVT PLEADER SRI.K.V.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37125 OF 2008 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT 1.The petitioner challenges acquisition of a piece of land in Chavakkad. The plea is that Chavakkad is not Tsunami hit and that the land could not, therefore, be acquired for Tsunami rehabilitation scheme. Dispensation of Section 5A enquiry in that regard is, hence, challenged. The fact of the matter remains that though the scheme is called Tsunami rehabilitation scheme, the Government have classified the beneficiaries into four, the first among which are the victims of the unfortunate Tsunami of 2004. The persons included in the other three lists are those in the coastal areas, near to the high tide line and therefore, susceptible to future perils of sea. Dispensation of Section 5A enquiry, to the extent challenged, therefore fails. WPC.37125/08 2 2.The next plea based on the document produced along with I.A.9770/09 is that the panchayat has offered a different set of land. Learned Government Pleader submits, on instructions, that the said proposal of the panchayat has not been accepted by the Government for reasons which the Government appear to have on record in the files. Therefore, I do not find any ground to grant any relief to the petitioner in this case. For the aforesaid reasons, this writ petition is dismissed without prejudice to the petitioner enjoying the benefit, if any, of any decision that the Government may take on the request of the panchayat. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.9/11.