P RADHAKRISHNAN CHITRANJALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as Sri. P. Ravindran, learned counsel for the 5th respondent.

(2.) By this appeal, the judgment of learned Single Judge dated 02.09.2014 passed in W.P. (C) No. 4387 of 2008 had been challenged. The appellants who were the writ petitioners are the land owners whose lands were acquired under the Land Acquisition Act, 1894 (hereinafter referred to as the 'LA Act').

(3.) In this case notification under Section 4(1) of LA Act was issued. The enquiry under Section 5A was also conducted and report was submitted and declaration under Section 6 of the LA Act was issued. The award is said to have been passed on 02.08.2010 and 06.08.2010. The writ petition was filed being W.P. (C) No. 4387 of 2008 praying for quashing Exts. P4, P8 and P9 as well as Ext. P10. Ext. P10 is a notice under Section 6 of the Kerala Survey & amp; Boundaries Act, 1961. Section 6 declaration was issued on 16.02.2009. In the writ petition, petitioners have raised various grounds including the ground that there was no requirement for acquiring 117 cents of land as already there is sufficient land with the temple which could have been utilised for the purpose and acquisition of the land was arbitrary and unreasonable. It was further pleaded that there was no appropriate decision from the part of Commissioner and Secretary of the Board for acquisition of land. The learned Single Judge after considering the submissions raised by the learned counsel for the petitioners dismissed the writ petition against which this appeal has been filed.