IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 7989 of 2008(A) ------------------------- PETITIONERS: ------------ 1. MARY, AGED 72 YEARS, W/O. LATE JOSEPH, RESIDING AT CHENGINIMATTOM, CHALAKUDY, TRICHUR DISTRICT. 2. VALSA VARGHESE, AGED 46 YEARS, W/O. VARGHESE, RESIDING AT KALOOKARAN HOUSE, ANGAMALY, ERNAKULAM. 3. OMANA CHARLES, AGED 45 YEARS, W/O. CHARLES, RESIDING AT MANJAALI HOUSE, KALADI, ERNAKULAM. 4. SHOBI CHERIYAN, AGED 44 YEARS, W/O. CHERIYAN, RESIDING AT PALATHARA HOUSE, ERAMALOOR, CHERTHALA, ALAPPUZHA DISTRICT. 5. MOLY STEPHEN, AGED 40 YEARS, W/O. STEPHEN, RESIDING AT VALLACHIRAKKARAN HOUSE, CHERPU, TRICHUR DISTRICT. 6. JOY, AGED 43 YEARS, S/O. LATE C.V.JOSEPH, RESIDING AT CHENGINIMATTOM HOUSE, CHALAKKUDY P.O., CHALAKKUDY, TRICHUR DISTRICT. BY ADV. SRI.E.G.GORDEN SRI.S.K.PREMJITH MENON SRI.G.ANOOP MOHAN SMT.MANEKSHA.D. RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR, LAND ACQUISITIONS, TRICHUR MUNICIPALITY, TRICHUR. 2. CHALAKUDY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY. WPC 7989/08 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, TRIVANDRUM, LOCAL SELF GOVT. DEPARTMENT. BY ADV. SRI.M.P.ASHOK KUMAR FOR R2 R1 & R3 BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 7989/08) PETITIONERS' EXTS.: EXT.P1: TRUE COPY OF THE POWER OF ATTORNEY DATED 15.12.07 EXECUTED IN FAVOUR OF PETITIONERS. EXT.P2: TRUE COPY OF THE WILL DATED 3.4.99 NO.87/1999 OF SRO, CHALAKKUDY. EXT.P3: TRUE COPY OF THE ORDER NO.E2-5285/03 DATED 13.8.03 ISSUED BY THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE INFORMATION DATED 12.2.2008 NO.E2-745/08 ISSUED BY THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE ORDER NO.BA.67/06-07 DATED 16.6.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE BUILDING PERMIT NO.BA/67/06-07 DATED 9.4.07 OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE NOTICE DATED 28.9.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE NOTIFICATION DATED 27.11.07 CAUSED TO BE ISSUED BY THE RESPONDENTS. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.7989 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th May, 2008 JUDGMENT Notification under Section 4(1) of the Land Acquisition Act is being challenged on the ground that as per the master plan approved and notified as per the provisions of the Town Planning Act, the property in question is reserved as residential zone and so long as the master plan is in currency the Government is not entitled to acquire the properties under the Land Acquisition Act for some other purpose except by varying or canceling the master plan. The ground raised by the petitioners is apparently decided against them by the Supreme Court in Nasik Municipal Corporation v. Harbanslal Laikwant Rajpal [ (1997) 4 S.C.C. 199]. Moreover I find that the Government is not invoking the emergency provisions of the Act and the petitioners will be getting an opportunity to raise all their contentions in the 5-A enquiry which will be conducted under the provisions of the Land Acquisition Act. Leaving open the petitioners' right and remedy to raise all available contentions in the 5-A enquiry, this Writ Petition will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -