A.P. RAMOO Vs. DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) Writ petitioner in O.P. 5437/1990 challenges the judgement passed by the learned single Judge dismissing the original petition. That original petition was disposed of alongwith O.P. 7560/1990 by a common judgment. Writ petitioner in O.P. 7560/1990 has not come up in appeal.

(2.) Short facts necessary for the disposal of this appeal are as follows.- 12.44 acres of land comprising in various survey fields were acquired by the State under the provisions of the Land Acquisition Act for the construction of a hospital building. Pursuant thereto, the properties were taken possession of by the State in 1958 and an award was passed in 1960. Entire compensation payable to the land owners, together with solatium was paid. According to the petitioners in the two original petitions, properties comprised in Survey Nos. 168/2 and 172/2, which were acquired by the State, belonged to their predecessors in interest, namely Govindan and Achuthan. Deceased Govindan is the father of the appellant herein. After the completion of the acquisition proceedings, it was found that the acquired land was not fit for construction of hospital building. Legal representatives of Govindan filed Exhibit P-3 representation stating that since the land is not required for construction of the hospital, it may be restored to them. Similar petition was also filed by the legal heirs of deceased Achuthan. Finding that no action was taken by the Government on those representations, they moved this Court by filing O.Ps. 345/1981 and 1844/1981. These petitions were disposed of by directing the Government to pass final order on their representations. On coming to know of the move to hand over the land to the Tellicherry Municipality for the construction of the Stadium Complex, appellant herein filed O.P.7995/1987. That Original petition was disposed of by directing the Government to pass final order on representation filed by the petitioner. Thereupon Government passed Exhibit P-7 order, G.O.(Rt) 1106/90/RD dated 28.4.1990. By this order, writ petitioner was informed that his request for reassignment of the land cannot be granted since it is required by the local body for purpose of construction of a stadium. The legal heirs of previous owners challenged Exhibit P-7 order in the Original Petitions which were jointly disposed of by the learned Single Judge

(3.) The main prayers made by the appellant in O.P. 5437/1990 are for the issuance of a writ of certiorari quashing Exhibit P-7 order, for the issuance of a writ of mandamus directing the respondents to recover the property which belonged to Sri Govindan, and to quash the decision taken by the Government to assign the property to the Tellicherry Municipality.