IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WA.No. 2546 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.30708/2009 Dated 02/11/2009 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. M.MANI, S/O.MADHAVAN PILLAI, MEENA BHAVAN, KUNNUKUZHY, THIRUVANANTHAPURAM. 2. L.KRISHNAMMA, W/O.M.MANI, MEENA BHAVAN, KUNNUKUZHY, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY COLLECTOR (LAND ACQUISITION), COLLECTORATE, THIRUVANANTHAPURAM. 4. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. R1 TO R3 BY SENIOR GOVT.PLEADER, SMT. K. MEERA R4 BY SRI.N.V. NANDAGOPAL, SC, KSRTC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2546 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Being aggrieved by the judgment of the learned Single Judge dismissing the challenge of the petitioner/appellant for the acquisition of his land for the proposed construction of a Kerala State Road Transport Corporation(KSRTC) bus terminal, the present appeal is filed. 2. The learned Single Judge rejected the contentions on the ground that the validity of the acquisition proceedings were considered already by this Court in the judgment, Ext.P16, in WP(C) No.15908 of 2006 filed by the very appellant. In that judgment the learned Single Judge had directed the KSRTC to find out the feasibility of excluding the land of the appellant after holding an investigation and thereafter passed appropriate orders. 3. It is not in dispute that thereafter the respondent held a joint inspection in the presence of the appellant herein WA No.2546 of 2009 -:2:- and on consideration in detail held that the request of the appellant to exclude the entire land of 1.57 Acres in Survey No.1623 cannot be granted, as the KSRTC has planned to utilise the entire land under the proposed acquisition and accordingly Ext.P17 order was passed by the 1st respondent. Being aggrieved by the same, when the Writ Petition came up for consideration, the learned Single Judge noting all these aspects held that the challenge is without merit. Even in this appeal, after reconsideration of the entire materials, we do not find any grounds to interfere with the order of the learned Single Judge which is neither illegal nor perverse. As such, the Writ Appeal is dismissed as devoid of merit. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku.