IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1855 of 2009(U) ------------------------- PETITIONER(S): --------------- 1. DHANALAKSHMI REGHU, KUTTAZHATH (H), H. NO. CC. XIV/1950, CHULLICKAL, COCHIN-5. 2. DROUPATHI, PADINJAREDATH HOUSE, CHERANELLOR, EDAPPALLY, COCHIN-34. 3. P.K. MEENAKSHI, W/O.T.N. NARAYANAN, THEKKEPANIKKAPARAMBIL, CHERANELLOOR, PIN - 682 034, REPRESENTED BY HER POWERT OF ATTORNEY HOLDER GOKULANATH.T.N, S/O. MEENAKSHI. 4. V. MOHANDAS, VENKITALAYAM, CHERANALLOOR, COCHIN-34. 5. JAYASREE, W/O. RAMANKUTTY, SREEPADAM, CHERANELLOOR. 6. SUDARSAN K. PAI, PUNNAKKAL HOUSE, ELAMAKKARA, KOCHI-26, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, PERMILA K. PAI BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSILDAR (LAND AQUISITION, RAILWAY), VALLARPADOM INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL PROJECT, ELOOR. G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.1855 of 2009 ================== Dated this the 19th day of January, 2009 J U D G M E N T The petitioners are owners of certain properties which have been acquired by the Government for the Vallarpadam International Container Transshipment Terminal Project. The petitioners' contention in this writ petition is that since the Government has declared a rehabilitation package for those whose lands have been acquired for this project, the petitioners should also be included in that rehabilitation package for the purpose of giving alternate land for construction of a dwelling house. The petitioners are seeking the following reliefs in this writ petition: “i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the respondents to extend the benefit of rehabilitation packages viz., Exts.P2 and P3 to the petitioners as well. ii) Issue a Declaration that the petitioners are also entitled to the benefits of Exts.P2 and P3 packages.” 2. I have heard the learned counsel for the petitioners and the learned Government Pleader. 3. It is not disputed before me that in the properties belonging to the petitioners, which were acquired there were no dwelling houses whatsoever. It is also not disputed before me that the petitioners have been paid compensation for the property acquired. I w.p.c.1855/09 2 am of opinion that if at all the Government is implementing any package for rehabilitation that should only be in respect of those acquisitions, in which dwelling houses of evictees have been acquired and they have been rendered houseless as a result of the acquisition. It is an admitted fact that the petitioners in these writ petitions are not persons whose houses have been acquired for the purpose of the project. Therefore, I am not satisfied that the petitioners in this writ petition are entitled to be included in any package for rehabilitation. They are not entitled to any other relief than what has been contemplated in the Land Acquisition Act. Therefore, there is no merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge