1. The plaintiff in O.S.No.524/1994 on the file of the Principal Sub Court, Thalassery, is the appellant. The appeal is directed against the decree and judgment dated 30.6.2000 in the said suit. The appellant died on 5.4.2003. Additional appellants 2 to 6 and supplemental respondents 3 to 9 impleaded are the legal heirs of the deceased plaintiff, C.K.P.Moosakeyi. Additional appellants 2 to 6 are the petitioners in W.P.(C).No.15637/2012 and other legal heirs are arrayed as respondents 5 to 11 in the writ petition. O.S.No.524/1994 was filed for injunction, both perpetual and mandatory and for recovery of possession. The court below held that the plaint schedule property vest with the Government and the remedy available to the plaintiff is only to claim for damages and compensation. The court below held that in view of Section 17(1) of the Land Acquisition Act and the decisions cited in the judgment, the plaintiff is not entitled to the reliefs claimed in the plaint. The suit was dismissed with costs.

2. The defendants in the suit are Thalassery Municipality and Special Tahsildar (LA), Thalassery. Respondents 1 to 4 in W.P.(C).No.15637/2012 are the Thalassery Municipality, Secretary, Thalassery Municipality, Special Tahsildar (LA) and State of Kerala. The parties hereinafter are referred to as plaintiff and defendants as arrayed in the suit.

3. The suit and the writ petition relate to the acquisition of land from the plaintiff C.K.P.Moosakeyi in the year 1982. As per the request of the Thalassery Municipality, the Special Tahsildar (LA) issued notification under Section 3(1) of the Land Acquisition Act for acquisition of an extent of 1.39 acres of land in different survey numbers including 41 cents of land owned by the plaintiff for the formation of road and rehabilitation of persons who are dispossessed by the Municipality, while acquiring land for some other purposes. Taking into account the purpose of acquisition and the request made by the 1st defendant Municipality, C.K.P.Moosakeyi gave advance possession of 41 cents to the Government. While giving advance possession it is stated by him that he is entitled to get compensation and interest from the date of handing over possession i.e., from 7.10.1983. 80% compensation amount was not paid to the plaintiff at the time of taking possession of the property under acquisition. Section 5(A) enquiry was conducted and draft declaration was sent to the Board of Land Revenue for approval. The Board of Land Revenue approved the draft declaration and published in the Kerala Gazette dated 3.12.1985. Thereafter award enquiry notices were served to the parties and enquiry conducted on 23.7.1987 and completed on 29.8.1987. Draft award was approved by the District Collector, Kannur on 23.11.1987, fixing the proposed date of award on 30.11.1987. But the award was not passed, since the requisitioning authority, namely, Thalassery Municipality, did not make available the required funds and hence the entire land acquisition proceedings lapsed. Though land acquisition proceedings was lapsed, the defendants did not take any steps to re-convey the land to the plaintiff. The proceedings was not completed and no award was passed. In the circumstance, plaintiff filed O.P.No.12336/1992 before this Court praying for a direction to the Thalassery Municipality to re-convey the property and to pay value of the land and in the alternative to take steps for fresh acquisition. When the writ petition was taken up for hearing on 14.10.1993, the learned Government Pleader on instructions submitted that steps have already been taken for acquisition and fresh notification under Section 4(1) of the Land Acquisition Act had already been published on 23.6.1993. The learned Government Pleader also submitted that the acquisition proceedings will be completed and award will be passed without delay. The submission was recorded by the learned Single Judge in paragraph 2 of the judgment. The said O.P was disposed