IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 14481 of 2008(Y) -------------------------- PETITIONERS: ---------------- 1. K.K.SREEDHARAN, S/O.KESAVAN,AGED 65 YEARS, KIZAKKE PARAMBIL HOUSE, NEAR KANNANGATTU TEMPLE, KOTTY P.O.,PAYYANUR,KANNUR. 2. JAMEELA,D/O.AYISUMMA,AGED 43 YEARS, SOOPYADATHKADAVATHU PURAYIL, KOTTY,TALIPARAMBA TALUK, PAYYANNUR AMSOM,KANNUR. 3. THAZNI,D/O.SUHARA UMMA,AGED 30 YEARS, ANCHILLATH PUTHILANKAVIL VALAPPIL, RESIDING AT ELLAMBACHI,SOUTH TRIKARPUR, HOSDURG TALUK,KASARAGOD DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------------ 1. DISTRICT COLLECTOR, KANNUR. 2. STATE OF KERALA, REP.BY CHIEF SECRETARY, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 14481/08) PETITIONERS' EXTS.: EXT.P1: TRUE COPY OF REGISTERED JENM DEED NO.611/2004 OF S.R.O.PAYYANNUR IN R.S.NO.130/19 DATED 12.2.2004. EXT.P2: TRUE COPY OF REGISTERED JENM SALE DEED NO.584/2004 OF S.R.O.PAYYANNUR IN R.S.NO.130/19 AND 131/3B DATED 11.2.2004. EXT.P3: TRUE COPY OF REGISTERED SALE DEED NO.353/97 OF S.R.O.PAYYANNUR DATED 27.1.1997. EXT.P4: TRUE COPY OF NOTIFICATION DATED 22.3.2008 BEARING REG. NO.G.8559/06 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN MATHRUBHOOMI DAILY IN VERNACULAR DATED 1.4.2008. EXT.P5: TRUE COPY OF OBJECTIONS DATED 17.4.2008 PLACED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5(a): TRUE COPY OF POSTAL ACKNOWLEDGEMENT CARD RECEIVED BY R1. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14481 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st July, 2008 JUDGMENT In this Writ Petition the petitioners seek a declaration that invocation of the emergency provisions under Section 17 of the Land Acquisition Act for the acquisition of their properties for the construction of a jetty complex is improper, unjust and illegal. As rightly submitted by the learned Government Pleader, the petitioners are yet to challenge the order of the Land Revenue Commissioner or the Government according sanction for invocation of the emergency provisions. She is also right in submitting that in the nature of the case, the requisitioning authority, the Tourism Department at whose instance the acquisition is being made is also to be made a party. I dispose of the Writ Petition without granting the reliefs, however, permitting the petitioners to file a comprehensive Writ Petition after producing copy of the order according sanction for invocation of the emergency provisions and arraying all necessary parties. Considering the above permission, the respondents are directed to maintain status quo as obtaining today as regards the physical possession of the petitioners property for a period of three weeks. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -