IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 30346 of 2010(P) -------------------------- PETITIONER(S): --------------- 1. SOBHANA, AGED 60 YEARS, W/O.LATE GOVINDA PILLAI, RESIDING AT REVATHY NIVAS, THEMPAMUTTOM,THALAYAL DESOM,ATHIYANNOOR VILLAGE, BALARAMAPURAM POST, 2. JEEVAN.G.LAL, AGED 26 YEARS, S/O.LATE GOVINDA PILLAI RESIDING AT -DO- -DO- -DO- 3. SREEDEVI.K, AGED 53 YEARS, W/O.LATE PARAMESWARAN NAIR, RESIDING AT SREEDEVI NIVAS, NEAR RAILWAY ACROSS,BALARAMAPURAM POST. 4. RAJASREEP.NAIR, AGED 29 YEARS, D/O.SREEDEVI, RESIDING AT -DO- -DO- 5. JAYESH.P.NAIR, AGED 27 YEARS, S/O.LATE PARAMESWARAN NAIR,RESIDING AT -DO- -DO- -DO- 6. VIMALA, AGED 46 YEARS, W/O.VIJAYAKUMAR RESIDING AT AIKKOTTUKONAM, BALARAMAPURAM POST. 7. VIJAYAKUMAR, AGED 48 YEARS, S/O.GOPALAN, RESIDING AT -DO- -DO- -DO- 8. THAMPI, AGED 49 YEARS, S/O.KRISHNA PANICKER,RESIDING AT KRISHNA VILASAM, THEMBAMUTTOM, BALARAMAPURAM POST, 9. VIMALA AGED 45 YEARS, W/O.THAMPI RESIDING AT - DO- -DO- 10. SUDARSHANAN, AGED 42,S/O.KRISHNA PANICKER, RESIDING AT - DO- -DO- 11. SUMA AGED 35, W/O.SUDARSHANAN, RESIDING AT -DO- -DO- BY ADV. SRI.D.ROBINSON W.P.C NO.30346/2010 : 2 : RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY PORT AFFICERS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM,COLLECTORATE,CIVIL STATION, KUDAPPANAKKUNNU,THIRUVANANTHAPURAM. 3. DEPUTY COLLECTOR,(LAND ACQUISITION) THIRUVANNATHAPURAM. 4. KERALA STATE ELECTRICITY BOARD, REP.BY ITS SECRETARY, VAIDHUDHI BHAVAN, PATTOM, THIRUVANNATHAPURAM. 5. VIZHINJAM INTERNATIONAL SEAPORT LIMITED REP.BY ITS MANAGING DIRECTOR AND C.E.O. VIZHINJAM,3RD FLOOR, TRANS TOWERS, VAZHUTHACAUD, THIRUVANNATHAPURAM. 6. GOVERNMENT OF INDIA, REP.BY ITS SECRETARY,SHIPPING AND SEA PORT AFAIRS, NEW DELHI. BY SC FOR KSEB SRI.P.P.THAJUDEEN BY GOVT. PLEADER SRI.K.RAMESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30346 of 2010 ------------------------------- Dated this the 1st day of October, 2010 J U D G M E N T The petitioners who claim to be owners of different parcels of lands situated in Athiyannoor Village in Neyyattinkara Taluk, Thiruvananthapuram District, have filed this writ petition challenging Ext.P5 notification issued under the provisions of section 4(1) read with section 17(4) of the Land Acquisition Act, 1898. The document produced as Ext.P5 actually consists of two different notifications, one published in the Kerala Gazette (Extra ordinary) dated 19.3.2010 issued by the Joint Commissioner of Land Revenue and the other published in the Kerala Gazette (Extra ordinary) dated 19.1.2009 issued by the Deputy Collector (Land Acquisition), Thiruvananthapuram, and they relate to different parcels of land. The first of the notifications was issued 7 months back and the other was issued about one year and 9 months back. I am of the opinion that the petitioners cannot file a writ petition challenging the two separate notifications, issued at different points of time, by producing the two documents as a one single document. 2. Further, the challenge to the notification dated 19.1.2009 is highly belated. There is no explanation forthcoming as to W.P.(C) No.30346 of 2010 2 why till date, the said notification was not challenged. Even with regard to the notification dated 19.3.2010, the challenge is belated and there is no explanation for the delay in challenging the said notification also. That apart, the main submission made by the learned counsel for the petitioners is that the land value fixed is too low. That is a matter which the land owners will have to agitate before the reference court, by making an application under section 18 of the Land Acquisition Act. In such circumstances, I hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. nj.