IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29420 of 2008(B)
1. ABDUL RAHIM, PADINJATTE VEEDU,
... Petitioner
2. SHAMSHEELA, W/O. ABDUL RAHIM,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE COMMISSIONER OF LAND REVENUE,
3. THE DISTRICT COLLECTOR, KOLLAM.
4. THE SPECIAL TAHSILDAR (LA NO.1),
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :03/06/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
= = = = = = = = = = = = = = = = = = = = = = = =
W.P.(C).No.29420 of 2008-B
= = = = = = = = = = = = = = = = = = = = = = = =
Dated this the 3rd day of June, 2009.
JUDGMENT
The petitioners challenge acquisition of land for
the purpose of rehabilitation of Tsunami victims.
Section 4(1) notification was issued on
10.10.2007, while the petitioners’ contention is
that their residential building is to be excluded
from acquisition. It is not disputed before me
that the said building was constructed after the
issuance of 4(1) notification. Obviously,
therefore, there is no legal impediment for the
acquisition and the petitioners cannot succeed.
Faced with this situation, the learned counsel
for the petitioners pointed out that the
authorities may consider excluding, at least, the
building to enable residence. I do not state
anything on the merits of this request. However,
while dismissing this writ petition, it is
WP(C)29420/08 -: 2 :-
clarified that this judgment will not stand in
the way of any relief being granted by the
competent statutory authorities on any request of
the petitioners. Subject to the aforesaid, this
writ petition is dismissed.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/050609