IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22199 of 2008(P) -------------------------- PETITIONER: ------------ MRS.MANJU BALAGANGADHARAN, T.C.15/1221, KUKILIYA LANE, DPI JUNCTION, JAGATHI, THIRUVANANTHAPURAM-695 014. BY ADV. SRI.SREELAL N.WARRIER SRI.B.RAGHUNANDANAN SRI.THYPARAMBIL THOMAS THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM=695003. REPRESENTED BY ITS MANAGING DIRECTOR. 3. SPECIAL TAHSILDAR (LAND ACQUISITION), SREE PANDARAVAKA LANDS, NO.III, CHENTHITTA, TRIVANDRUM. R1 & R3 BY GOVT. PLEADER MR.BASANT BALAGI R2 BY ADV. MR.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.22199 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 23rd July, 2008 JUDGMENT Under challenge in this Writ Petition under Article 226 is Ext.P6 initial notification under Section 4(1). When this Writ Petition came up for admission, notice was taken by Adv.Mr.Saji Varghese, Standing Counsel for the K.S.I.D.C., the 2nd respondent and I have heard the submissions of Mr.Sreelal Warriar, counsel for the petitioner and Mr.Saji Varghese. Ext.P6 is challenged in this Writ Petition on various grounds and it will be noticed that some of the grounds are attractive. Despite the attractiveness of the grounds raised, I am of the view that since the acquisition is proceeding under the ordinary provisions of the Land Acquisition Act, it is open to the petitioner to urge all the grounds before the Land Acquisition Officer himself during the enquiry under Section 5A. As pointed out by the learned Standing Counsel for the K.S.I.D.C., the petitioner has already submitted Ext.P7 objections before the Land Acquisition Officer. The Land Acquisition Officer is directed to hear the petitioner in detail on Ext.P7 objections during the enquiry under Section 5A and thereafter only prepare his report incorporating his recommendations on Ext.P7 objections. It is made clear that if the report comes to be against the petitioner or if the W.P.C.No.22199/08 - 2 - order of the Land Revenue Commissioner to be issued on the basis of the report of the Land Acquisition Officer comes to be against the petitioner, it will be open to the petitioner to challenge the report or the order on all available grounds including the grounds raised in this Writ Petition. The third respondent is directed to forward a copy of the report prepared by him regarding Ext.P7 to the petitioner so as to enable the petitioner to challenge the same, if necessary. The Writ Petition is disposed of as above without deciding the merits of the grounds raised. srd PIUS C.KURIAKOSE, JUDGE