IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 25943 of 2007(L) -------------------------- PETITIONER: ------------ A.G.GEORGE, 5/764, COSMOPOLITAN ROAD, THRISSUR-20. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETRIAT,THIRUVANANTAHPURAM. 2. THE SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETRIAT,THIRUVANANTHAPURAM. 3. THE SECRETARY,DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,SECRETRIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, THRISSUR. 5. THE SPECIAL TAHSILDAR. (LAND ACQUISITION), CHEMPAKAVUE,THRISSUR. 6. THE GENERALA MANAGER, DISTRICT INDUSTRIES DEVELOPMENT CENTRE, THRISSUR. 7. THE SECRETARY, (TOWN PLANNING DEPARTMENT CORPORATION OF THRISSUR, THRISSUR. WPC 25943/07 -2- 8. THE ADDITIONAL CHIEF SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R7 BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL R1 TO R6 & R8 BY GOVERNMENT PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 25943/07) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE SALE DEED DATED 10.1.1984. EXT.P2: TRUE COPY OF THE ORDER DATED 29.8.1998 PASSED BY THE REVENUE DIVISIONAL OFFICER. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 8.2.2005 IN O.P.NO.18849/98 BEFORE THE HON'BLE HIGH COURT OF KERALA. EXT.P4: TRUE COPY OF THE ORDER DATED 1.7.2005 PASSED BY THE DISTRICT COLLECTOR. EXT.P5: TRUE COPY OF THE COMMUNICATION DATED 5.11.2005. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 17.11.2005 FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P7: TRUE COPY OF THE NOTICE DATED 30.3.2006 RECEIVED BY THE PETITIONER FROM THE ADDITIONAL CHIEF SECRETARY. EXT.P8: TRUE COPY OF THE COMMUNICATION DATED 10.1.2007. EXT.P9: TRUE COPY OF THE TAX RECEIPT DATED 1.8.2005. EXT.P10: TRUE COPY OF THE COMMUNICATION DATED 3.4.07 RECEIVED FROM THE DEPUTY COLLECTOR (VIGILANCE). EXT.P11: TRUE COPY OF THE GAZETTE NOTIFICATION DATED 25.9.1999. EXT.P12: TRUE COPY OF THE NOTIFICATION DATED 25.2.2000. EXT.P13: TRUE COPY OF THE AWARD DATED 27.3.2002. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.25943 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 6th June, 2008 JUDGMENT Counsel for the petitioner seeks time on the ground that the petitioner intends to seek an amendment of the Writ Petition so as to incorporate challenge against Ext.R1(a). It is seen that though in paragraph 9 of the counter affidavit it is stated that copy of Ext.R1(a) order is produced, the same has not been produced. Learned Government Pleader is directed to serve a copy of the Government Order No.70534/B3/2006/RD dated 10.4.2008 (the order referred to in paragraph 9 of the counter affidavit) on the counsel for the petitioner within seven days against a memo. It is open to the petitioner to challenge that order separately, if so advised. The Writ Petition is disposed of without deciding the merits of the grounds raised and without foreclosing the petitioner's remedy to challenge Ext.R1(a) in appropriate separate proceedings. srd PIUS C.KURIAKOSE, JUDGE