IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 26919 of 2009(H) -------------------------------------- PETITIONERS: --------------------- 1. ROSY, W/O. LATE DAVID, KANNAMPUZHA HOUSE NJARAKKAL.P.O., ERNAKULAM DISTRICT. 2. JOSEPH, S/O. LATE DAVID, KANNAMPUZHA HOUSE, NJARAKKAL.P.O., ERNAKULAM DISTRICT. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADVS. MR.S.SUJIN, SMT.NITA.N.S, SMT.RASHMI RAVINDRAN. RESPONDENTS: ------------------------ 1. THE TAHSILDAR, KOCHI TALUK, FORT KOCHI. 2. THE SPECIAL TAHSILDAR (LAND ACQUISITION) GENERAL ERNAKULAM, KAKKANAD. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26919/2009-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE REVENUE MINISTER, GOVT. OF KERALA DT. 12/03/08. EXT.P.2: COPY OF THE REPRESENTATION DT. 15/07/08 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P.4: COPY OF THE REPRESENTATION DTD. 27/02/2009 SUBMITTED BY THE PETITIONERS TO THE DIST. COLLECTOR, ERNAKULAM. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE R.2. LAND ACQUISITION OFFICER. EXT.P.6: COPY OF THE NOTICE NO. D1-69/2008 DT. 08/04/08 ISSUED BY THE R.2. EXT.P.7: COPY OF THE NOTICE LAC NO. 46/08/D. DT. 07/09/2009 ISSUED BY THE R.2. AS UNDER SEC. 9 (3) OF THE LAND ACQUISITION ACT. EXT.P.8: COPY OF THE REPRESENTATION DT. 13/01/2009 SUBMITTED BY THE PETITIONERS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26919 OF 2009 ------------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT In the case in hand, the petitioners do not dispute the need to provide land for Tsunami rehabilitation. In fact, the petitioners had agreed to give some land. All that they wanted was that their suggestion for an alternate site belonging to them may be approved so that they could enjoy the remaining property conveniently. The petitioners not having challenged any acquisition proceedings, it is only appropriate that the official respondents consider the case of the petitioners and issue orders, if necessary by modifying the awards. Let this be done at the earliest so that the object sought to be achieved by the acquisition need not be held back. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.5/11.