K. Hema, J.

1. Petitioners jointly own a rubber plantation, having an extent of 36.60 acres equivalent to 14.82 hectares in Kunnamthanam Village. For the purpose of Industries Growth Centre, the Special Tahsildar issued a notification under S.4(1) of the Land Acquisition Act ('the Act', for short) on 18/06/1994. The said notification was published on 14/06/1994 and on 18/06/1994 in two Malayalam dailies. Public notice was also issued in the locality on 15/06/1995. Declaration under S.6 of the Act was published in the Gazette dated 15/05/1996 and in two dailies dated 09/06/1996 and 14/06/1996. The date of publication of declaration is thus 14/06/1996, being the last of the dates of such publication, as per S.6(2) of the Act.

2. On publication of the declaration, petitioners challenged the declaration in OP No. 6143 of 1998 on the ground that it was issued after one year from the date of publication of notification under S.4(1) of the Act and hence it is violative of proviso to S.6(1) of the Act. Copy of the original petition is Ext. P1. This Court passed an order of interim stay of all proceedings pursuant to S.4(1) notification as per order dated 27/03/1998. The interim stay order is Ext. P2. The original petition was dismissed on 12/06/2006 and the judgment is Ext. P3. The stay continued for a period of five years, two months and 16 days.

3. A writ appeal was filed as WA No. 1219 of 2003 and stay was granted on 24/07/2003 for one month. On 03/11/2003, the stay granted was extended until further orders and the writ appeal was dismissed on 20/06/2005 and the copy of the judgment is Ext. P4. The stay was in force for one year, ten months and twenty seven days during the pendency of the writ appeal. The Special Leave Petition filed against the judgment in the writ appeal was dismissed by the Supreme Court on 02/09/2005. Review petition also was dismissed on 06/12/2005.

4. Petitioners received notice of award dated 14/02/2006. They made applications before the fourth respondent for certified copies of the awards and those were received on 29/03/2006. The three awards passed are Ext. P5 series. The notices of awards are Exts. P6 and P7. Petitioners were also served with notices to vacate and deliver possession of the land covered by the acquisition before the evening on 06/03/2006 proposing to take further action. Copy of the said notices are Exts. P8 and P9 (Ext. P9 is dated 01/03/2006).

5. Petitioners herein seek to quash the awards, Exts. P5 series and also the notices, Exts. P6 to P9, which are notices of awards and also notices to surrender and deliver possession. According to the petitioners, the awards were passed after a period of 9 years and 8 months of publication of declaration under the Act. The declaration was on 14/06/1996. Even if the period of stay is excluded, the awards were not passed within two years from the date of declaration, it is contended. Hence according to petitioners, awards have lapsed and all further proceedings are illegal and they seek for a direction not to proceed with acquisition of land or to enforce surrender of property, pursuant to Exts. P8 and P9 notices.

6. The learned Government Pleader submitted that possession of the land is taken on 06/03/2006, after passing of the awards, as per Ext. P5 series. But, it is admitted that the declaration was made on 14/06/1996. The Government, having taken possession of the property on 06/03/2006, it is contended that the petitioners cannot challenge the awards, since the property is vested in Government. There is no provision in the Act by which the property will revert back to the petitioners or the land owners, it is strongly argued. It is also vehemently contended that the petition is not maintainable, since title of the acquired land completely passes on to the State and the High Court has no jurisdiction to intervene, in the exercise of writ jurisdiction. It was also argued that in any event, after the award is passed, no writ petition can be fil