IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 17183 of 2009(P) -------------------------- PETITIONER(S): --------------- R.ANANTHAKRISHNAN,W/O.LATE RENGASWAMI - IYER,AGED 47 YEARS, MANI MADOM, AMBALAPUZHA P.O. ALAPPUZHA DIST. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE REVENUE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), ALAPPUZHA. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).17183/2009 ....................... Dated this the 26th day of August, 2009 JUDGMENT Petitioner is aggrieved by the steps taken by the respondents for acquiring the land belonging to him having an extent of 1.3175 hectars in R.S.No.83/4/1 in Block No.18 of Purakkad Village in Alappuzha. Said property is located very near to the Ambalapuzha Temple and Railway Station. Purpose of acquisition mooted is one for rehabilitation of Tsunami affected people. Petitioner submits that the said land is clearly unsuitable for the purpose in question. Petitioner approached this Court challenging the acquisition on receipt of Form No.4(B) issued by the 3rd respondent on 4.6.2009. 2. Counter affidavit has been filed by the 3rd respondent. The stand taken by the petitioner is resisted. It is pointed out that a notification under Section 4(1) of the Kerala Land Acquisition Act was published in two Malayalam dailies, Kerala Kaumudi and Madhyamam on 4.2.2009 and 29.3.2009 respectively. A declaration under Section 6 of the W.P.(C).17183/09 2 Act is yet to be issued. I note that there is no contention in the counter affidavit that Section 17(3) of the Act has been invoked insofar as the present acquisition is concerned. 3. In the result, objection submitted by the petitioner Ext.P3, shall be enquired into by the District Collector who shall then forward a report, after hearing the petitioner and any other affected person, to the Commissioner of Land Revenue. Commissioner of Land Revenue shall keep in mind such objections and the report of the District Collector, before giving any approval for issuance of declaration under Section 6 of the Act. The interim order passed by this Court shall continue until the aforementioned process is completed. It is open to the petitioner to supplement Ext.P2 with a more detailed comprehensive representation if so advised. Writ petition is disposed of as above. V.GIRI, Judge mrcs