IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 7873 of 2008(K) ------------------------- PETITIONER: ------------ SOPHIA S., W/O. RASHEED KHAN, PADINJATTE VEEDU, KUTTIKKADA P.O., KOLLAM DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR (L.A.) NO.I, KOLLAM. 4. THE VILLAGE OFFICER, ERAVIPURAM VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY GOVERNMENT PLEADER, SRI BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7873 of 2008(K) A P P E N D I X PETITIONER'S EXTS: EXT.P1 A TRUE PHOTOCOPY OF THE SALE DEED NO.3352 DATED 07/11/1990 OF ERAVIPURAM SUB REGISTRY OFFICE. EXT.P2 A TRUE PHOTOCOPY FOR THE TAX RECEIPT DATED 18/05/2005 EXT.P3 A TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT DATED 17/03/2007 EXT.P4 A TRUE PHOTOCOPY OF THE NOTIFICATION KL/TV(N)12/2006-08 PUBLISHED IN KERALA GAZETTE DATED 10/10/2007 EXT.P5 A TRUE PHOTOCOPY OF THE PETITION BEFORE THE DISTRICT COLLECTOR ON 10/12/2007 EXT.P6 A TRUE PHOTOCOPY OF THE PETITION BEFORE THE 1ST RESPONDENT AND THE COPY TO THE DISTRICT COLLECTOR DATED 01/03/2008. \\TRUE COPY// PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - W.P.(C).No. 7873 OF 2008-K - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2008 JUDGMENT The petitioner is a person whose properties were proposed to be acquired for rehabilitating the Tsunami victims. Ext.P4 is the notification issued under Section 4 (1) of the Land Acquisition Act, 1894. According to Ext.P4, a total extent of 0.4115 hectors of land in Survey No.632/14 of Paravur Village belonging to the petitioner's husband is to be acquired. To Ext.P4 the petitioner submitted Ext.P5 objections before the District Collector, Kollam. The learned Government Pleader on instructions submits that an enquiry under Section 5A of the Act was conducted. On the basis of the above enquiry it was decided to exclude the residential building of the petitioner and to modify the proposal as recommended by the Land Acquisition Officer. The decision is to acquisition after excluding 0.064 hectors of land and the building situated thereon. W.P.(C).No.7873/2008-K -:2:- 2. Sri.C.Rajendran submits that the petitioner was not heard. 3. I am not much impressed by the above submissions since the exclusion of the building of the petitioner itself will show that Ext.P5 objections have been taken into consideration though not to the extent the petitioner wanted. 4. The learned Government Pleader submitted that an enquiry report under Section 5A of the Act is yet to be forwarded by the District Collector. The learned Government Pleader submitted that the Government is yet to take a decision regarding promulgation of declaration under Section 6 of the Act. 5. In view of the position that the declaration under Section 6 of the Act is yet to be promulgated, I am of the view that the Government should afford a hearing opportunity to the petitioner before the declaration under Section 6 is promulgated. This view I am taking since it is seen that the petitioner has already moved the W.P.(C).No.7873/2008-K -:2:- Government by Ext.P6 representation submitted to the Revenue Minister. 6. In the above circumstances, I dispose of the writ petition directing the Government to afford a hearing opportunity to the petitioner before a final decision is taken as to whether the recommendations of the Land Acquisition Officer should be accepted and a declaration should be issued. It is clarified that this direction will not apply if decision is already taken in the matter. 7. I further clarify that I expect the Government to give the petitioner an opportunity for hearing only and this judgment shall not be misunderstood as directing conduct of a fresh enquiry under Section 5A of the Act at the Government's level. PIUS.C.KURIAKOSE JUDGE ms