IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 WP(C).No. 15234 of 2005(L) ------------------------------------- PETITIONER: ------------------ KOYIKKAL BAAVACHI HAJI, S/O. KUNHI MAMMAD HAJI, AGED 85 YEARS, RESIDING AT KOYIKKAL (P.O), EDACHERRY, KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN SRI.C.DEVARAJAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION, CALICUT. 3. THE EXECUTIVE ENGINEER, KUTTIADY IRRIGATION PROJECT DIVISION NO.1, PERAMBRA P.O., PERAMBRA. 4. THE SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 15234/2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER DATED 24/09/91 FROM THE SUPERINTENDING ENGINEER TO THE CHIEF ENGINEER. EXT.P2. COPLETTER DT. 31/1/86 ON BEHALF OF THE R1. EXT.P3. COPY OF THE LETTER BY EXE. ENGINEER KUTTIADY IRRIGATION PROJECT TO THE R2. EXT.P4. COPY OF THE INTIMATION FROM THE R3 DT. 17/3/2001 FRO THE RECEIPT OF REPRESENTATION. EXT.P5. COPY OF THE REPRESENTATION TO THE R2 DT. 30/3/2001. EXT.P6. COPY OF THE INTIMATION FROM THE R2 DT. 6/11/2002. EXT.P7. COPY OF THE LETTER DT. 15/09/2004 BY THE R2. EXT.P8. COPY OF THE REPRESENTATION DT. 14/3/2005 TO THE R4. EXT.P9. COPY OF THE REPRESENTATION DT. 14/3/2005 SUBMITTED TO THE R1. EXT.P10. COPY OF THE GOVT. ORDER DT. 13/2/1957. EXT.P11. COPY OF THE GOVT. ORDER DT. 21/1/1963. EXT.P12. COPY OF THE GOVERNMENT ORDER DT. 28/09/00. EXT.P13. COPY OF THE LETTER DT. 8/5/06 OF THE R1. RESPONDENT'S EXHIBITS NIL. True copy tga ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 15234 OF 2005 L = = = = = = = = = = = = = = = = Dated this the 16th January, 2008 J U D G M E N T It is stated by the petitioner that 24.5 cents of land belonging to him and situated in R.S. No. 93/12 and 93/16 of Edachery amsom was acquired for the construction of Edachery Distributory Canal Block No. XVII. It is stated that subsequent to the acquisition of the land, the project was dropped and since then, the land remains untilised. It is also the petitioner's contention that other portions of land which were also acquired along with that of the petitioner, have all been re-conveyed to the respective original owners. It is in view of this that the petitioner has filed Ext. P9 representation before the 1st respondent praying for re-conveying the land. 2. That the claim of the petitioner is for re-conveying the land. I notice that Ext. P12 Govt. Order dated 28.9.2000 is what governs the matter presently. In terms of this Govt. Order, if the land WPC No. 15234/05 -2- acquired is not made use of, the final option that is available to the authorities is to dispose of the same by public auction following the procedure that is laid in the Revenue Recovery Act. In view of this, it may not be proper for this Court to direct re-conveyance of the property as sought for by the petitioner. 3. Accordingly, I dispose of this writ petition directing that if the land in question is still remained unutilised and is not proposed to be used for any other public purpose, the authorities shall take action in accordance with Ext. P12 or such other Govt. Order that governs the same. ANTONY DOMINIC JUDGE jan/-