IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34269 of 2008(D) -------------------------- PETITIONERS: --------------- 1. ARIFA BEEVI, D/O.SHAHUL HAMEED, AGED 64 YEARS,CHANDRA VILAS, MANGALAPURAM THONNAKKAL, THONNAKKAL VILLAGE, THIRUVANANTHAPURAM. 2. AZEEM, S/O. AHAMED KABEER, AGED 39 YEARS, CHANDRA VILAS, MANGALAPURAM, THONNAKKAL,THONNAKKAL VILLAGE, THIRUVANANTHAPURAM. 3. ASHIK,S/O.AHAMED KABEER, AGED 30 YEARS CHANDRA VILAS, MANGALAPURAM, THONNAKKAL THONNAKKAL VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. TECHNO PARK, KAZHAKOOTTAM, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF EXECUTIVE OFFICER. 4. THASILDAR (LA), TALUK OFFICE, THIRUVANANTHAPURAM. R1, R2 & R4 BY SR.GOVT. PLEADER MR.D.ANILKUMAR R3 BY ADV.MR.P.A.AHAMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34269 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th November, 2008 JUDGMENT The petitioners who are owners of properties in Survey Nos.501/15 and 501/15-1 in Thonnakkal Village in Trivandrum taluk has filed this Writ Petition seeking the following prayer: “To issue an appropriate writ, order or direction directing the respondents not to initiate any land acquisition proceedings against the petitioners property comprising of 2 acres 96 cents situated in Sy. Nos.501/15 and 501/15-1 in Thonnakkal Village in Thiruvananthapurm Taluk which is not included for the purpose of acquisition for construction of techno city by third respondent.” According to the petitioners, the correct survey number of their property is 501/15 and 501/15-1 and as per Ext.P4 declaration under Section 6 that property is not included. Yet, there is an attempt by the respondents to take over those properties. On hearing the learning counsel for the petitioners for admission, I had directed the Government Pleader to seek instructions from the 4th respondent specifically as to how the discrepancy of there being variation to the survey number of a given property mentioned in Section 4(1) and the same mentioned in notification under Section 6 can arise. Such a W.P.C.No.34269/08 - 2 - direction was issued since it was seen from Ext.P4 that under Ext.P4 the property proposed to be acquired is 1.08 hectares in survey No.501/18. Mr.D.Anilkumar, Senior Government Pleader submits on the basis of instructions that a new sub division number has been assigned to the property of the petitioner under acquisition in terms of Rule 22(4) of the Kerala Survey and Boundaries Rules, 1964. He submitted that whenever portion of a property of a holding is under acquisition, a separate sub division number is assigned to the property under acquisition so that there will not be any confusion regarding the identity of the property under acquisition and the property not under acquisition. The submission of the learned Government Pleader is quite convincing and is supported by relevant statutory rules. Even otherwise, I do not find any warrant for granting the reliefs sought for in the Writ Petition since the acquisition proceedings have already started and declaration under Section 6 has been promulgated. The reliefs sought for in the Writ Petition will stand declined. However, this judgment will not stand in the way of the respondents taking a decision to exclude further portions of the petitioner's property from acquisition if they find that acquisition of W.P.C.No.34269/08 - 3 - such portion is not necessary. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE