IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 31472 of 2009(D) ---------------------------------------- PETITIONER(S): ------------------------ DASAN PAUL, S/O.PETER PAUL, 7/568, SAYUJYA, VICTORIA COLLEGE ROAD, PALAKKAD. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, PALAKKAD. 2. SPECIAL TAHSILDAR, LAND ACQUISITION, (G) NO.1, PALAKKAD. *ADDL. R3 IMPLEADED ADDL. R3: THE MANAGING DIRECTOR, ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA, (RBDCK)), 2ND FLOOR, PREETHI BUILDING, M.V. ROAD, PALARIVATTOM, KOCHI. * ADDL. R3 IS IMPLEADED AS PER ORDER IN I.A.3418/2010 DATED 15/03/2010. R1 & R2 BY SR.GOVT. PLEADER MR.A.J. VARGHESE. ADDL. R3 BY ADV. SRI.SHYSON P.MANGUZHA, SC, ROADS & BRIDGES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31472/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SAID NOTICE ISSUED BY THE 2ND RESPONDENT, DATED ON 10/10/2003. EXT.P2: COPY OF THE REPRESENTATION DATED 04/11/2003. EXT.P3: COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 04/05/2006. EXT.P4: COPY OF THE REPRESENTATION DATED 21/06/2006. EXT.P5: COPY OF THE JUDGMENT IN WP(C) NO. 24523/2006. EXT.P6: COPY OF THE REPRESENTATION DATED 06/06/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31472/2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of July, 2010 J U D G M E N T The petitioner's property was acquired for construction of a Railway over bridge at the instance of the additional third respondent. The notification under Section 4(1) of the Land Acquisition Act was published in the Gazette dated 26/08/2003 and two prominent newspapers. The petitioner has also received notices pursuant to which Ext.P2 representation has been submitted. The property includes a building which was rented out to various tenants. The petitioner had approached this Court seeking for a direction to complete the land acquisition proceedings by passing the award and by paying compensation. The petitioner is relying upon the directions issued by Ext.P5 Judgment and later he moved the authorities concerned by Ext.P6 representation. 2. The learned Government Pleader submitted that the requisitioning authority was addressed for placing of funds to the tune of Rs.3 crores on 08/09/2009 followed by various reminders. The Managing Director of RBDCK, Kochi the requisitioning authority has not placed the requisite fund to the Land Acquisition Officer so far. W.P.(C). No.31472/2009 -:2:- 3. In that view of the matter, immediately on the deposit of the funds by the requisitioning authority, steps will be taken to pass the award and for payment of compensation to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms