IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WA.No. 2312 of 2006(B) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32291/2005 Dated 29/08/2006 .................... APPELLANT/PETITIONER: ------------------------- ABBAS, S/O.HUSSAIN MUHAMMED, OPPOSITE ANSAR LODGE, OLD CALICUT ROAD, OLAVAKKODE, PALAGHAT. BY ADV. SRI.T.C.MOHANDAS SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE JOINT SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHASILDAR, LAND ACQUISITION-GENERAL, NO.1, PALAKKAD. 3. SOUTHERN RAILWAY, REPRESENTED BY THE GENERAL MANAGER, RAILWAY DIVISIONAL OFFICE, OLAVAKKODE, PALAGHAT. BY GOVERNMENT PLEADER SMT.K.MEERA FOR R1,2 MR.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.A.NO.2312 OF 2006 (B) ----------------------------------- Dated this the 3rd day of March, 2009 J U D G M E N T KOSHY,Ag.CJ. Appellant/Petitioner's land along with neighbouring lands are sought to be acquired by the State Government for the use of Railways. Ext.P1 is the notification issued under Section 4(1) of the Land Acquisition Act, 1894. Ext.P1 is dated 15.7.2003 and published in Kerala Gazette on 6.8.2003. It is issued invoking the emergency clause under Section 17(4) of the Act. Petitioner was served with Ext.P2 enquiry notice dated 25.9.2003 followed by Ext.P3 notice under Section 9(3) of the Act. Appellant/petitioner filed Ext.P4 representation before the Land Acquisition Officer. The contention of the Railway is that the land is required for public purpose, that is, for the construction of a new booking office and making an approach road to the Palakkad Railway Station. It cannot be stated that the above is not a public purpose. It is the contention of the appellant that emergency clause is WA.2312/06 2 unnecessarily invoked as there was delay thereafter. The learned Single Judge noticed that even though Section 5A notice was issued there was delay. Contention of the Railway is that adjacent lands are also acquired and learned Single Judge noticed that the writ petition itself is not maintainable as the petitioner failed to approach the Court in time. Writ petition is filed after a lapse of 15 months from the date of Ext.P1 notification. It is also stated that when enquiry notice was issued they applied for adjournment also. The enquiry notice Ext.P2 was issued on 25.9.2003. That was received by the appellant and appellant approached this Court only in 2005. Declaration was published and appellant did not challenge the declaration. The learned Single Judge held as follows: “Apart from the above, I feel that the writ petition is not maintainable, as the petitioner has failed to approach this Court in time. This writ petition is filed after the lapse of 15 months from the date of Ext.P1 notification and also after the declaration under Section 6. The petitioner has not chosen to challenge the Section 6 declaration, which is already published in the Government gazette. So, even assuming all other contentions raised by the petitioner are valid, still, the writ petition WA.2312/06 3 is not maintainable for the reason of delay and laches from the part of the petitioner in challenging the acquisition proceedings and also for not challenging the declaration made by the competent authority.” Even after the above findings, declaration was not challenged. State filed counter affidavit producing the original notification. It is also stated that award itself was passed on 10.11.2006. Since declaration was not challenged and declaration was issued before the filing of the writ petition and there was delay in filing the original petition and since award was also passed, we are of the view that no interference is required in the impugned judgment and hence this appeal is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008