IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 2148 of 2008(E) ------------------------- PETITIONER: ------------ 1. S.N.D.P SAKHA NO.444 MAYYANADU REPRESENTED BY ITS SECRETARY, D.PRASAD. 2. K.BABU, VADAKKEKKALELAZHAKAM, MAYYANADU. 3. VIJAYAN, S/O.KESAVAN, KIZHAKKE EZHIYATHU, MAYYANAD. 4. BABU, S/O.KESAVAN, KIZHAKKE EZHIYATH, MAYYANAD. 5. THANKAPPAN, SANTHOSH BHAVAN, VALIYAVILA, MAYYANAD. 6. RAJAN, S/O.PARAMESWARAN, SANTHOSH BHAVAN, VALIYAVILA, MAYYANAD. 7. LALGIRI, S/O.CHANDRASEKHARAN, HARANISHANTH, TC/16/115, KRISHNAVILASAM ROAD, THIRUVANANTHAPURAM. 8. KOMALAVALLY, D/O.NANU, C.N.B.NIVAS, MAYYANAD. 9. PRASANNA, W/O.RAMANAN, KOCHUKONNAYIL, VALIYAVILA, MAYYANAD. 10. SAJU RAMACHANDRAN, C.N.B.NIVAS, VALIYAVILA, MAYYANAD. W.P.(C) No.2148/2008 : 2 : 11. AJU R., S/O.RAMACHANDRAN, C.N.B.NIVAS, VALIYAVILA, MAYYANAD. 12. V.MAYAMANI, RAMONYAM, MUKKULAM, MAYYANAD. 13. V.G.MINI, BAIJU BHAVAN, MAYYANAD. 14. K.RAVEENDRAN, PANAYIL VEED, MAYYANAD. 15. MANJU SIDHARTHAN, RAMANKULAM, MAYYANAD. BY ADV. SRI.A.N.RAJAN BABU SMT.K.SUNITHA VINOD SRI.P.GOPALAKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION, NO.I, KOLLAM. BY SR.GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.2148/2008 PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF SY.NO. OF LAND IN MAYYANADU VILLAGE PUBLISHED IN KERALA KAUMUDI. EXT.P2 A TRUE COPY OF SY.NO. OF LAND IN MAYYANADU AND ERAVIPURAM VILLAGE PROPOSED TO BE SURVEYED BY GOVERNMENT. EXT.P3 A TRUE COPY OF NOTIFICATION PUBLISHED IN KERALA KAUMUDI DAILY DT. 28.10.2007 BY 3RD RESPONDENT. EXT.P4 A TRUE COPY OF REPRESENTATION DT. 17.12.2007 SUBMITTED BY THE PETITIONERS BEFORE DISTRICT COLLECTION. EXT.P5 A TRUE COPY OF THE OBJECTIONS OF THE MAYYANADU GRAMA PANCHAYAT. EXT.P6 A TRUE COPY OF REPRESENTATION SUBMITTED BY VALIYAVILA MADAM NADA KSHETRA COMMTITEE BEFORE DISTRICT COLLECTOR ON 18.11.2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. To JUDGE. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.2148 of 2008 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T The prayer in this writ petition is for a direction to the respondents to quash Exts.P1, P2 and P3, to the extent it affects the petitioners, and also for a direction to dispose of Exts.P4 to P6 representations filed by the petitioners. Notifications were issued under Section 4(1) of the Land Acquisition Act (for short 'the Act'). Urgency clause under Section 17(4) of the Act was not invoked. So, the Land Acquisition Officer is bound to conduct an enquiry under Section 5A of the Act, and to pass appropriate orders. 2. It is seen that the petitioners had filed Exts.P4 to P8 representations before the District Collector, in which they have raised all their objections and contentions. The Grama Panchayat had also passed a resolution to make a request to the District Collector to exclude the area from the rehabilitation scheme on the ground that if that land is reclaimed, it will create very serious problems. So, it is only just and proper that respondents 2 and 3 conduct an enquiry W.P.(C) No.2148/2008 2 under Section 5A of the Act, and pass a reasoned order on the objections filed by the petitioners. It is open to the petitioner to file supplementary objections by raising further grounds within two weeks from the date of receipt of a copy of this judgment. If the objections are filed, respondents 2 and 3 shall conduct an enquiry as contemplated under Section 5A of the Act, and pass a reasoned order, considering each and every objections raised by the petitioners. Since, the Grama Panchayat has passed a resolution, respondents 2 and 3 shall issue notice to the Secretary of the Grama Panchayat and hear them also, before taking a decision. In the result, the writ petition is disposed of permitting the petitioners to file additional fresh objections before the Land Acquisition Officer, within two weeks from the date of receipt of a copy of this judgment, in addition to the objections already filed. The Land Acquisition Officer shall conduct an enquiry under Section 5A of the Act, and dispose of Exts.P4 to P6 and additional objection, if any, filed, in accordance with law, with due notice to the petitioners, as W.P.(C) No.2148/2008 3 well as the Panchayat. It is open to the petitioners to produce a copy of this judgment before the Land Acquisition Officer, as well as the Grama Panchayat. K.PADMANABHAN NAIR, JUDGE nj.