High Court Kerala High Court

C.M. Haridasan vs The State Of Kerala on 25 May, 2010

Kerala High Court
C.M. Haridasan vs The State Of Kerala on 25 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14289 of 2010(I)


1. C.M. HARIDASAN, AGED 4O YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE SECRETARY, HEALTH AND

3. THE DISTRICT COLLECTOR,

4. THE TAHSILDAR, THRISSUR TALUK,

5. THE VILLAGE OFFICER,

6. THE REGISTRAR,

7. THE PRINCIPAL,

                For Petitioner  :SRI.P.G.SURESH

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :25/05/2010

 O R D E R
                     T.R. Ramachandran Nair, J.
                  - - - - - - - - - - - - - - - - - - - - - - - -
                     W.P.(C) No. 14289 of 2010-I
                  - - - - -- - - - - - - - - - - - - - - - - - - - -
               Dated this the 25th day of May, 2010.

                                JUDGMENT

The petitioner herein has approached this Court seeking to quash

Exts.P1 to P3 and for a further direction to the second respondent to

consider and take an appropriate action on Ext.P6 representation.

2. The petitioner is the owner in possession of 6.145 cents of

property situated in Sy. No.4/29 of Velappayya Village of Thrissur Taluk.

The property, according to the petitioner, is near to the 6th respondent, viz.

Kerala University of Health and Allied Science. By the impugned order, the

Government has granted sanction to the 6th respondent to acquire 17.95

acres of land. The petitioner has raised various grounds in the writ petition

to contend that the acquisition is initiated for a malafide purpose and there

is no public purpose involved.

3. The third respondent has filed a statement, as directed by this

Court.

4. Heard learned Govt. Pleader appearing for respondents 1 to 5 and

7 and learned Standing Counsel appearing for the 6th respondent.

5. Actually, going by Ext.P1, the Government has only granted

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administrative sanction to initiate proceedings to acquire 17.95 acres of

land. True, that in Ext.P2 details regarding the properties, etc. have been

mentioned. The petitioner has filed Ext.P6 representation before the

Government to reconsider the matter and to exclude his property from

acquisition.

6. Admittedly,the provisions under the Land Acquisition Act have

not been put into operation so far with regard to the proceedings for

acquisition. At this stage, it cannot be presumed that the land acquisition

proceedings will be initiated, requiring an adjudication at this stage. It is up

to the authorities concerned at the relevant point of time, if so advised, to

initiate such proceedings. Therefore, none of the rights of the petitioner are

affected at this stage. It is well settled that the aggrieved party can

challenge the land acquisition proceedings on specified grounds, by filing

an appropriate writ petition at that stage. What is now granted by the

Government is only an administrative sanction for acquisition. Therefore,

the objections regarding acquisition are not matters which the Government

can consider at this stage, even though the petitioner has moved the

Government by filing Ext.P6 representation.

Therefore, this writ petition is premature. The petitioner’s remedy, if

at all, is to raise a challenge once the notification under Section 4(1) of the

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Land Acquisition Act is issued. Without prejudice to the said right, this

writ petition is dismissed. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/