IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 196 of 2010()
1. MUHAMMEDUNNI, AGED 86,S/O.ABDUNNI,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, THRISSUR.
... Respondent
2. THE TAHSILDAR, CHAVAKKAD TALUK
3. THE LAND ACQUISITION OFFICER, SPECIAL
4. THE STATE OF KERALA, REP.BY THE
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.P.R.RAMAN
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :15/02/2010
O R D E R
P.R. RAMAN Ag. CJ &
C.N. RAMACHANDRAN NAIR, J.
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W.A. NO. 196 OF 2010
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DATED THIS, THE 15TH DAY OF FEBRUARY, 2010.
J U D G M E N T
Raman, Ag. CJ.
The writ petition was filed challenging the acquisition of the
property belonging to the appellant invoking the emergency provision under
the Land Acquisition Act and dispensing 5A enquiry. Notification was
issued under Section 4(1) of the Land Acquisition Act proposing to acquire
the land belonging to the appellant which is the subject matter of challenge
in the writ petition. The learned Single Judge found that the acquisition is
complete, award has been passed, amount has been deposited and the
case has been referred to the Reference Court and in such circumstances, the
acquisition cannot be interfered with. Accordingly, the writ petition was
dismissed. Aggrieved thereby, this appeal is preferred.
2. A co-ordinate Division Bench of this Court to which one of us was
a party (P.R. Raman, Ag. C.J.) had considered W.A. 2680 of 2009 and
connected writ appeals arising from similar writ petitions where the very
same issues were raised and by judgment dated 22nd January, 2010,
W.A. 196/ 2010 2
dismissed those writ appeals for the reasons stated therein. Following
the verdict in the said appeals, this appeal also is dismissed.
sd/-
P.R. RAMAN,
(Ag. CHIEF JUSTICE)
sd/-
C.N. RAMACHANDRAN NAIR,
(JUDGE).
knc/-