IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 1785 of 2008() --------------------- AGAINST THE JUDGEMENT IN WPC.5247/2008 Dated 14/07/2008 .................... APPELLANT(S)/PETITIONER: --------------------------------------- GRACY GEORGE, W/O.GEORGE, RESIDING AT OLIYIL HOUSE, MURIYAMANGALAM, MAMALA.P.O, ERNAKULAM. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.P.P.THAMPI SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S)/RESPONDENTS: --------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (L.A), GENERAL, CIVIL LINES, KAKKANAD, ERNAKULAM. 3. THIRUVANKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, THIRUVANKULAM.P.O, ERNAKULAM. 4. THE ADDITIONAL COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. ADV. SRI.S.SREEKUMAR FOR R3 BY GOVERNMENT PLEADER SMT. K. MEERA FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag. CJ. & P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL No.1785 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2009. JUDGMENT KOSHY, AG.CJ, The third respondent Panchayat initiated proceedings for acquisition of an extent of 17.30 ares of land belonging to the appellant. Original proceedings started in 1984, which was lapsed. Again notification was issued under Section 4(1) of the Land Acquisition Act on 17.11.1988. That was also lapsed. Again another notification was issued invoking urgency clause under Section 17(4) of the Land Acquisition Act. Petitioner questions invocation of urgency clause. It is the case of the petitioner that the intended purpose of the notification is construction of vegetable market and parking space and it cannot be said that for the above public purpose, invocation of emergency clause is necessary. In this case, the declaration was published on 5.11.2007. Petitioner filed the writ petition only on 29th March, 2008. Further, when earlier notification was published, there was a settlement and by which the Panchayat was allowed to continue with the acquisition of other properties of the petitioner. In any event, WA.1785/2008. 2 now award has also been passed. Since the award was passed and the entire amount due under the award was also deposited in court, we see no ground to interfere in the matter. The writ appeal is dismissed. J.B. KOSHY, ACTING CHIEF JUSTICE P. BHAVADASAN, JUDGE sb.