IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 2359 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.29625/2008 DATED 17/11/2008 .................... APPELLANTS/PETITIONERS ----------------------------------------- 1. JOY JOSEPH, S/O.JOSEPH, AGED 43 YEARS, BUSINESSMAN, VALIYAMURATHANGAL HOUSE,TALIPARAMBA POST, TALIPARAMBA AMSOM, KANNUR DISTRICT. 2. KUMBUKKAL KUTTIYAMMA @ MERRY, W/O.LATE K.C.SEBASTIAN, AGED 61 YEARS, KUMBUKKAL HOUSE, TALIPARAMBA POST, TALIPARAMBA AMSOM, KANNUR DISTRICT. 3. SHEELA JOY, W/O.JOY JOSEPH, AGED 37 YEARS, VALIYAMURATHANGAL HOUSE, TALIPARAMBA POST, TALIPARAMBA AMSOM, KANNUR DISTRICT. 4. E.L.THOMAS, S/O.LUKA, AGED 56 YEARS, ELAVUNKAL HOUSE, TALIPARAMBA POST, TALIPARAMBA AMSOM, KANNUR DISTRICT. BY ADV. MR.V.T.MADHAVANUNNI MR.V.A.SATHEESH RESPONDENTS/RESPONDENTS --------------------------------------------- 1. THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR(LA),THALASSERY, KANNUR DISTRICT. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR. 3. THE ADDITIONAL COMMISSIONER, LAND REVENUE, THIRUVANANTHAPURAM. 4. TALIPARAMBA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, TALIPARAMBA POST, KANNUR DIST. WA.No. 2359 of 2008 5. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.MEERA K. FOR R1 TO R3 & R5 ADV. MR.P.V.SURENDRANATH FOR R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, ALONG WITH W.A NO. 55 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. Nos. 2359 of 2008 and 55 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. Contention of the appellants in these cases is that section 6 declaration was passed after the time allowed by the Land Acquisition Act and, therefore, the entire land acquisition proceedings were lapsed. It is contended that section 4 (1) notification was published in the gazette as well as in the local newspaper on 21.4.2007 and notices were published in the locality by Ext.P8 dated 31.5.2007. Declaration was made only on 23.6.2008 and declaration was not made within one year of the date of publication. The learned Judge noticed that last date of publication in the locality was 25.6.2007 and declaration was made on 23.6.2008 within the time prescribed under the Act. The learned Judge also relied on the decision of the Hon'ble Supreme Court in General Manager, Department of Telecommunications, Thiruvananthapuram v. Jacob, S/o.Kochuvarkey Kalliath (died) by Lrs and others (AIR 2003 SC 1308) and Bihar State Housing Board v. State of Bihar and others (AIR 2003 SC 3817). It is contended that W.A. Nos.2359/2008 & 55/2009 2 the notice said to have been filed, Annexure A4 (a) filed along with the counter affidavit, is not actually a proper notice in the locality and, therefore, declaration is time-barred and relied on the decision of the Hon'ble Supreme Court in Kunwar Pal Singh (Dead) By Lrs. v. State of UP and others ((2007) 5 SCC 85). In that case, the Hon'ble Supreme Court in a proceedings directed to pass award within six months. Award was not passed violating the directions of the Hon'ble Supreme Court and, therefore, the acquisition proceedings were set aside by the Hon'ble Supreme Court. It was also held in the above case that time should be counted from the last date of publication. Going by the publication of the declaration and award, Hon'ble Supreme Court found that it was time-barred. In this case, Annexure A4 (a) published as per rule 7 (2) was in order and it was published on the site and the notice board of the Village Office, Taliparamba on 25.6.2007 and, therefore, declaration was published within the time limit. In the above circumstances, we see no ground to interfere in the impugned judgment. Both the appeals are dismissed. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa