Reghunandanan vs State Of Kerala on 22 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36811 of 2007(G)


1. REGHUNANDANAN, S/O.SIVASANKARAN NAIR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE EXECUTIVE ENGINEER,

4. THE SPECIAL TAHASILDAR (LA),

5. ABDUL REHMAN, S/O.MOHAMMED HANEEFA,

6. M.HASSAN, S/O.MOHAMMED HANEEFA,

7. TRIVANDRUM DEVELOPMENT AUTHORITY,

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  :SRI.K.A.JALEEL, SC., TRIDA

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :22/02/2008

 O R D E R
                          K. PADMANABHAN NAIR ,J.

                     -------------------------------------------------

                           W.P.(C) No.36811 of 2007 G

                     -------------------------------------------------

                  Dated, this  the  22nd day of February, 2008

                                    JUDGMENT

This Writ Petition is filed by the tenant of a building challenging the

land acquisition proceedings. In view of the principle laid down in

Saramma Itticheriya v. State of Kerala (2008(1) KLT 6 (FB)) a tenant

had no locus standi to challenge land acquisition proceedings. Learned

Government Pleader, on instructions, submits that award notice was issued

on 7.5.2007 and land owner exercised option under Section 49(1) of the

Land Acquisition Act on 14.5.2007. Award was passed on 12.10.2007

accepting the option. So there is no scope for interference. Writ Petition is

only to be dismissed.

In the result, Writ Petition is dismissed.

K. PADMANABHAN NAIR,

JUDGE.

cks