IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 17434 of 2009(Y) -------------------------- PETITIONER(S): --------------- K.JANARDANAN ACHARY, PRESIDENT, SRI. KALIKA PARAMESWARI TEMPLE BANGRA, MANJESWAR-671 323, KASARAGOD DIST. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE LAND REVENUE COMMISSIONER OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, KASARAGOD. 5. THE SPECIAL TAHSILDAR (LA), KASARAGOD. MR.V.MANU, GOVERNMENT PLEADER FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Writ Petition No.17434/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTIFICATION NO.A.1339/08/COMMERCIAL TAX DATED 12/11/2008. P2 : COPY FO OBJECTION SUBMITTED BY THE PETITIONER DATED 30/06/2008 TO THE RESPONDENTS 2, 4 & 5. P3 : COPY OF OBJECTION FILED TO THE NOTIFICATION FOR THE ACQUISITION OF THE PROPOSED LAND ON 06/01/2009. P4 : COPY OF THE REPRESENTATION BEFORE THE DISTRICT COLLECTOR, KASARAGOD. P5 : COPY OF REPRESENTATION DATED 23/04/2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P6 : COPY OF PHOTOGRAPH OF PLACING THE DEITY ON THE KATTA ON PROCESSION AS A PART OF RELIGIOUS RITUAL OF THE TEMPLE IN THE LAND. P7 : COPY OF PHOTOGRAPH OF DEVOTEES PARTICIPATING IN THE SAID CEREMONY AND VIEWING THE 'VEDI VAZHIPAD' PROGRAMME IN THE LAND. RESPONDENT'S EXHIBITS R4(a) : COPY OF EYE SKETCH OF FIELD NOS.92, 93 & 94. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17434 of 2009 (Y) --------------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P1 notification issued under Section 4(1) of the Land Acquisition Act proposing to initiate acquisition proceedings of the lands mentioned therein for a public purpose, namely establishment of a commercial taxes checkpost, parking area and comfort station. 2. Aggrieved by Ext.P1 to the extent it includes a plot of the land belonging to the petitioner, Exts.P2 to P5 objections were filed. Thereafter, this writ petition was filed mainly contending that the land notified by Ext.P1 is unsuitable for the purpose for which the land is proposed to be acquired. 3. The 4th respondent has filed a counter affidavit duly answering the contentions raised. 4. In my view, the challenge is premature for the reason that going by the materials on record, a declaration under Section 6 of the Act is yet to be made. Once a notification is issued under WP(C) No.17434/2009 -2- Section 4(1) and objections are filed, after complying with the requirement of Section 5A, a declaration under Section 6 is to be made. This necessarily has to be made by the Land Revenue Commissioner duly adverting to the materials that are made available before him. This includes the objections in response to Ext.P1 notification filed by the petitioner urging the question of suitability of the land as well. Therefore, this writ petition is disposed of leaving open the contentions raised and leaving it open to the authorities to continue the proceedings in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg