IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH DECEMBER 2006 / 29TH AGRAHAYANA 1928 WP(C).No. 15753 of 2006(A) ------------------------------------ PETITIONER: ------------------ KRISHNAN NAIR, AGED 59, S/O.DAMODARAN NAIR, KAIPARA VEETTIL, NECHOORKKARA, MANEED VILLAGE, NOW RESIDING AT AISWARYA, RAMAMANGALAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, ERNAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 4. THE TAHSILDAR, MUVATTUPUZHA TALUK, ERNAKULAM. 5. THE EXECUTIVE ENGINEER, ROADS AND BRIDGES, DIVISIONAL OFFICE, MUVATTUPUZHA. 6. THE ASSISTANT ENGINEER, ROADS AND BRIDGES, SUB DIVISION, PIRAVOM, ERNAKULAM. BY GOVERNMENT PLEADER SRI.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC15753/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DOCUMENT NO. 1079 OF 1985 OF S.R.O., KOOTHATTUKULAM DATED 24.4.1955. EXT.P2: COPY OF THE LETTER DATED 4.2.2005. EXT.P2(a): COPY OF THE GOVT. ORDER DATED 24.1.2005 APPENDED WITH EXHIBIT P2. EXT.P2(b): COPY OF THE LETTER ADDRESSED TO THE 4TH RESPONDENT BY THE 6TH RESPONDENT FURNISHED ALONG WITH EXT. P2 LETTER DTD.4.2.2005. EXT.P3: COPY OF THE LETTER DATED 5.2.2005. EXT.P4: COPY OF THE LETTER FORWARDED TO THE 4TH RESPONDENT ALONG WITH THE PHOTOGRAPHS OF THE IMPROVEMENTS MADE IN THE PROPERTY DATED 7.2.2005. EXT.P5: COPY OF THE LETTER DATED 14.2.2005 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 23.2.2005. EXT.P7: COPY OF THE INTIMATION DATED 13.4.2005. EXT.P8: COPY OF A PAPER REPORT DATED 12.1.2005 REGARDING THE CONSTRUCTION OF NECHOORKADAVU BRIDGE. EXT.P9: COPY OF THE REPRESENTATION DATED 13.6.2005 TO THE 2ND RESPONDENT. EXT.P10: COPY OF THE INTIMATION DATED 16.7.2005. EXT.P11: COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.12.2005. EXT.P12: COPY OF THE REPRESENTATION DATED 29.12.2005 SUBMITTED BEFORE THE FIRST RESPONDENT. EXT.P13& P13(a): COPY OF THE REPORT DATED 16.2.2006 CAME IN THE MATHRUBHUMI DAILY AND THE REPORT DATED 10.3.2006 CAME IN THE MALAYALA MANORAMA DAILY. EXT.P14: COPY OF THE REPORT DATED 10.3.2006. /TRUE COPY/ P.A.TO JUDGE csl K.T.SANKARAN, J --------------------------------------------- W.P.(C). No. 15753 of 2006 --------------------------------------------- Dated this the 20th day of December, 2006 JUDGMENT The Writ petition is filed praying for the issue of a writ of mandamus directing the respondents to complete the land acquisition proceedings in respect of the property of the petitioner and to pass an award granting land value on the basis of market value prevailing in the locality. Possession of the land had already been taken. In fact, when a proposal to construct a bridge was made, the land belonging to the petitioner was offered and possession of his property was taken. According to the petitioner, thereafter no effective steps were taken promptly to complete the acquisition proceedings. 2. The petitioner now submits that he was served with a notice of award under Section 12(2) of the Land Acquisition Act stating that a compensation of Rs.4,01,936/- has been awarded. It is submitted in view of the subsequent developments, the Writ petition has become unnecessary and that the petitioner intends to file an application for reference under Section 18 of the Land WPC15753/2006 2 Acquisition Act. In view of these subsequent developments and the submission made by the learned counsel for the petitioner, this writ petition is dismissed granting liberty to the petitioner to move appropriately under Section 18 of the Land Acquisition Act. K.T.SANKARAN, JUDGE csl WPC15753/2006 3