Abdul Vahid Alnushi vs The District Collector on 24 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34527 of 2008(I)


1. ABDUL VAHID ALNUSHI, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR,
                       ...       Respondent

2. THE TAHSILDAR,

3. THE LAND ACQUISITION OFFICER,

4. THE STATE OF KERALA,

                For Petitioner  :SRI.K.K.ASHKAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :24/11/2008

 O R D E R
                         PIUS.C.KURIAKOSE, J.
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                         W.P.(c).No.34527 OF 2008
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                 Dated this the 24th day of November , 2008

                                  JUDGMENT

In this writ petition the petitioner challenges Exts.P4 and P5 as

orders by the Government according administrative sanction for

invocation of the emergency provisions for acquisition of land for

rehabilitating Tsunami victims. As rightly pointed out the learned

Government Pleader Ext.P4 has been modified by Ext.P5.

2. Sri.K.K.Ashkar, learned counsel for the petitioner submits

on the basis of the judgment of the Supreme Court in Union of India

and others v. Krishan Lal Arneja & others ( AIR 2004 Supreme

Court 3582) and Ext.P6 CAG report that there has been lethargy on the

part of the state government in utilising the funds identified under the

scheme for Disaster Management and such lethargy cannot now be

made a ground for invoking the provisions of Section 17(4) which

will result in depriving the owners of land of a valuable right they have

got under Section 5A.

Not that I do not find any merit in the submissions of the learned

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counsel: but I find that in this case the order of the Land Revenue

Commissioner which is also referred to in Ext.P5 is not under

challenge. Land Revenue Commissioner is the competent authority for

dispensing with enquiry under Section 5A. Leaving open the right and

remedy of the petitioner to challenge the order of the Land Revenue

Commissioner, I dispose of this writ petition without examining the

merits of the grounds. However, there will be a direction to the

respondents not to dispossess the petitioner of his properties

( if dispossession has not already been taken place) for a period of two

weeks from today.

PIUS.C.KURIAKOSE
JUDGE

sv.

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