IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 5773 of 2008(K) ------------------------- PETITIONER: ------------ P.C.MATHEW, S/O.LATE P.C.CHACKO, PAINUNKAL HOUSE, MANARCADU, KOTTAYAM. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENTS: ------------- 1. THE SECRETARY, THE DEPARTMENT OF LOCAL SELF GOVERNMENT, STATE OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. SPECIAL TAHSILDAR L.A (GENERAL), KOTTAYAM. 4. MANARCADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MANARCADU, KOTTAYAM. 5. THE PRESIDENT, MANARCADU GRAMA PANCHAYATH, MANARCADU, KOTTAYAM. BY ADV. SRI.MATHEW JOHN (K) FOR R4 BY SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.5773/2008 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.19109/2005 DATED 22.7.2005. EXT.P2; COPY OF THE DECISION TAKEN BY THE MANARCADU GRAMA PANCHAYAT IN THE EXTRA ORDINARY MEETING CONDCUATED ON 29.5.2007. EXT.P3; COPY OF THE LETER SUBMITTED BY THE PRESIDENT OF THE GRAMA PANCHAYT BEFORE THE DISTRICT COLLECTOR,KOTTAYAM DATED 31.5.2007. RESPONDENTS EXHIBITS; EXT.R4(A); COPY OF THE CHALAN DATED 19.12.2007 EVIDENCING THE DEPOSIT OF THE AMOUNT. EXT.R4(B); COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT. /TRUE COPY/ PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 5773 of 2008 ---------------------------------- Dated this the 9th day of June , 2008 JUDGMENT This writ petition has been filed by the petitioner, whose properties in Manarcadu village are proposed to be acquired for the purposes of establishing a market and a taxi stand for the Grama Panchayat, seeking the following reliefs; “a). Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to drop all proceedings to acquire 37.47 Ares in Sy.No.314/4 of Manarcadu village belonging to the petitioner for the acquisition for the purpose of Manarcadu Grama Panchayat. b). Pass an order staying all further proceedings in connection with the acquisition of 37.47 Ares in Sy.No. 314/4 of Manaracadu Village belonging to the petitioner for acquisition for the purpose of Manarcadu Grama Panchayat.” WPC No.5773/2008 2 2. The prominent and perhaps the only ground on which the writ petition is sought to be maintained is that the financial position of the Panchayat will not permit them to go in for acquisition. This ground, in my opinion cannot survive since it is seen from Exts.R4(a) and (b) that the entire compensation of Rs.8,26,000/- determined by the Land Acquisition Officer has been deposited by the Panchayat Secretary with the Land Acquisition Officer. 3. I had occasion to consider this case earlier and Ext.P1 judgment was issued by me. It is not disputed that Ext.P1 has attained finality. In view of the finality attained by Ext.P1 and Exts.R4 (a) & R4(b), there is no warrant for any interference in the land Acquisition proceedings. The Government Pleader submitted that award enquiry is completed and that the petitioner participated in that enquiry. Sri.Mathew John, the learned counsel for the Panchayat submitted that upon completion of the award enquiry, an award has been passed and other properties covered by the award has already been taken possession. For all the above reasons, this writ petition fails and the same will stand dismissed. PIUS C. KURIAKOSE JUDGE dpk WPC No.5773/2008 3