IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 33500 of 2009(F) -------------------------- PETITIONER(S): --------------- K.A.THANKACHAN, S/O.MATHAI, KOCHUPURACKAL HOUSE, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD DISTRICT, KALPETTA. 3. THE SPECIAL TAHSILDAR (LA) KARAPPUZHA IRRIGATION PROJECT, KALPETTA, WAYANAD DISTRICT. 4. THE EXECUTIVE ENGINEER, KARAPPUZHA IRRIGATION PROJECT, KALPETTA, WAYANAD DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------------- W.P.(C). NO. 33500 OF 2009 ---------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Ext.P6 was issued by the District Collector refusing to acquire an item of property belonging to the petitioner though that land would be submerged in the procession of the formation of a reservoir of the Karapuzha Irrigation Project. Ext.P6 was set aside by this Court in Ext.P7 judgment and the Collector was required to re-decide the issue, however that, the payment of compensation would depend upon whether the patta issued to the predecessor of the petitioner ultimately stands. The District Collector has however issued Ext.P8 essentially contradicting the directions in Ext.P7. The petitioner challenges that decision by contending that the District Collector has essentially reiterated Ext.P6 . This contention is well founded. 2. Before the catchment in the next monsoon, the immediate need is that the entire area meant for the reservoir is kept available for such purpose as a proper receptacle. At the same time, the petitioner's right to compensation, if any, in terms of the Land Acquisition Act, for the land claimed by him is also to be preserved. WP(C) NO. 33500 OF 2009 2 Therefore, this writ petition is allowed quashing Ext.P8 and directing that respondent 2 to 4 shall ensure that the entire land, structures, if any, valuable vegetation etc. on that land as claimed by the petitioner and available at site are valued and a mahazar prepared within a period of 4 weeks from the date of receipt of copy of this judgment. Following that, further steps in terms of Ext. P7 judgment shall be taken and appropriate orders issued in obedience to that judgment within a further period of 3 months. Writ petition ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE mns