VIJAYARAGHAVAN E R Vs. STATE OF KERALA

JUDGEMENT

(1.) First petitioner owns 51 cents of land and second petitioner owns 60 cents of land, situated in Survey No. 107/9 - A of Elathur Village.

(2.) By Ext. P1, the Disaster Management Department of the Government of Kerala, identified a total extent of 8.4323 hectors of land in various Survey Numbers for rehabilitation of Tsunami victims under the Tsunami Rehabilitation Programme. Annexure to Ext. P1 included 88 cents of land in Sy. No. 124/4 of Elathur Village for acquisition. However, when Ext. P2 notification was issued, the aforesaid 88 cents was replaced with 70 cents of land situated in Sy. No. 107/9 - A of Elathur Village belonging to the petitioners.

(3.) According to the petitioners going by the guidelines for the identification and procurement of land under the Tsunami Rehabilitation Project, issued by the Government of Kerala under the cover of its letter dated 30/07/2007, the land identified and mentioned in Ext. P1 was more suitable than their land and therefore Ext. P2 to the extent it excludes the land in Sy. No.124/4 of Elathur Village is illegal. Reason for such exclusion, according to the petitioners, is the political influence exerted by the owners of the land included in Ext. P1.