IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 17122 of 2004(L) -------------------------- PETITIONERS: ------------ 1. SHYLA ANURUDHAN W/OP. ARURUDHAN, A.V.NIVAS PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 2. PUSHPALATHA W/O. VIJAYAN, CHARUVILA VEEDU, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 3. VIJAYAN G., CHARUVILA VEEDU, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 4. JAGADAMMA, SOBHA VIVAS PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 5. RADHAMMA V.K., RADHA SADANAM PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 6. T.P.HARI, SUNIL BHAVANAM, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 7. K.THANKAMMA, SANTHIBHAVAN, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 8. SARASWATHY M., USHAS, PULIMATHU P.O;, PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. WPC 17122/04 9. VIJAYAN G., USHAS, PULIMATH P.O., PULIMATH VILLAGE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM. 10. PADMA P.T.ASWATHY, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 11. AMMUKKUTTI AMMA, CHALUVILA PUTHEN VEEDU PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 12. ABDUAL AZEEZ, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 13. NAZEEMA BEEVI, NAZEEMA VILAS PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 14. KUNJAN BHASKARAN, GEETHA BHAVANAM PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 15. S.NAUSHAD, P.V.HOUSE, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 16. ISHA BEEVI S., P.V.HOUSE, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 17. C.KRISHAMMA, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 18. N.J.RAJALAKSHMY, RASHMI, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. 19. THAJUDEEN S., P.V.HOUSE, PULIMATH P.O., PULIMATH VILLAGE, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM. 20. SANDEENA BEEVI, P.V.HOUSE, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. WPC 17122/04 21. ANIRUDHAN, P.V.NIVAS, PULIMATHU P.O., PULIMATHU VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECREARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM REPRESENTING THE LAND PURCHASING COMMITTEE AND THE EMPOWER COMMITTEE FOR THE ACCUSATION OF LAND FOR THE UPGRADATION OF M.C.ROAD, UNDER THE KSTP. 3. THE SPECIAL TAHASILDAR (LA), THE PUBLIC WORKS DEPARTMENT SOUTHERN CIRCLE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 17122/04) PETITIONERS' EXTS.: EXT.P1: P1(a) TO P1(t): TRUE PHOTOCOPY OF THE LETTER SENT TO THE PETITIONERS. EXT.P2: TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE MINISTER, PUBLIC WORKS DEPARTMENT, TRIVANDRUM. EXT.P3: TRUE PHOTOCOPY OF THE LETTER ISSUED TO THE 18TH PETITIONER. EXT.P4: TRUE PHOTOCOPY OF THE NOTICE ADDRESSED TO THE 18TH PETITIONER ISSUED BY THE 3RD RESPONDENT. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17122 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 20th June, 2008 JUDGMENT The grievance of the petitioners whose land were acquired for the K.S.T.P. work of widening and upgrading of the M.C.Road is that the District Level Purchase Committee in a meeting in which the petitioners also participated had fixed the land value at Rs.One lakh per cent but later without notice to the petitioners, the value was reduced to Rs.72,000/- per cent. The petitioners concede that they had surrendered possession of the properties. But according to them, surrender was given by them on the assurance that they will be paid compensation at the original rate fixed, i.e. Rs.1,00,000/-. The following are the prayers in this Writ Petition: a) To call for the records leading to Ext.P1(a) to Ext.P(t) notices and the decision of the empowered committee held on 27.10.2003 which lead to the issuance of Ext.P1(a) to P1(t) and quash the same by the issuance of a writ in the nature of certiorari or by any other appropriate writ order or direction. b) To issue a writ in the nature of mandamus or any other appropriate writ order or direction compelling and commanding the respondents to disburse Rs.1 lakh per cent as the compensation to W.P.C.No.17122/04 - 2 - the petitioners for their land acquired for upgrading the M.C.Road under KSTP Scheme. c) To issue a writ of mandamus or any other appropriate writ order or direction compelling and commanding the respondents 1 and 2 to review the decision of the empowered committee reducing the compensation from Rs.1 lakh to 72,000/- per cent for the properties of the petitioners and to retain the decision to give compensation @ Rs.1 lakh per cent. 2. A detailed counter affidavit has been filed by the third respondent-Land Acquisition Officer wherein it is pointed out that award was passed in terms of the Land Acquisition Act on 28.4.2004 and the notice of award was served on the petitioners on 19.5.2004. It is also pointed out that the petitioners were dispossessed from the properties on 28.5.2004. In view of the obvious position that the land acquisition proceedings have become complete by the passage of the award and the dispossession, I do not find way to entertain this Writ Petition under Article 226 of the Constitution since it is settled that Writ Petition under Article 226 cannot be maintained for challenging land acquisition proceedings which have become completed. It appears that the essential grievance of the petitioners is that the W.P.C.No.17122/04 - 3 - compensation paid to them was inadequate. The petitioners could have got the market value determined by the land acquisition reference court if they had sought for reference at the appropriate time. Since the acquisition in question pertains to K.S.T.P.Work, it is probable that certain cases pertaining to other acquisitions covered by the very same notification have already reached the reference court and the court has passed awards in those cases. If it is so, it is open to the petitioners to apply under Section 28A on the basis of any relevant judgment. Subject to the above observation, this Writ Petition is dismissed. srd PIUS C.KURIAKOSE, JUDGE