IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 9780 of 2009(N) ------------------------- PETITIONER(S): --------------- 1. E.K.JOSEPH, S/O.LATE OUSEPH KORAH, ERUMPANATHU HOUSE, PERUMBAIKADU P.O. PARAMPUZHA, KOTTAYAM DISTRICT. 2. E.K.CYRIAC, S/O.LATE OUSEPH KORAH, OF DO. DO. 3. BOBY KORAH, S/O.LATE OUSEPH KORAH, OF DO. DO. BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) SRI.VINOD VALLIKAPPAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LAND ACQUISITION) NATIONAL HIGHWAY, CHANGANACHERRY. 2. THE KERALA STATE TRANSPORT PROJECT (KSTP), DIVISION OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA, REPRESENTED BY ITS EXECUTIVE ENGINEER. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9780 OF 2009 ------------------------------------------- Dated this the 27th day of July, 2009 JUDGMENT The petitioners have certain proceedings in relation to a land acquisition proceedings being made for the second respondent KSTP. The second respondent has instructed the learned Government Pleader that the grievance of the petitioners appears to be genuine and that it has requested the first respondent to consider and decide the issue without stagnating the actual acquisition. Learned Government Pleader has also another set of instructions which says that the Surveyor who visited the premises of the petitioners on 13.6.2008 has been informed by the petitioners that they have no objection to the survey as done and that they have given it in writing. Article 300-A of the Constitution of India read with the relevant statutory provisions should advise that in this context, the respondents have to hear the petitioners and redress their grievances. Accordingly, the first respondent is directed to ignore any earlier statement made by the petitioners to the WPC.9780/09 Page numbers survey and provide them an opportunity of hearing and decide on their grievances with notice to the second respondent also. The award already passed would stand modified if such hearing calls for such modification. The writ petition is ordered further directing that proceedings are to be completed within a period of two months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.28/7.