IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 8246 of 2008(F) ------------------------- PETITIONER: ------------ SOSAMMA ABRAHAM, W/O.ABRAHAM CHEMPITHARAYIL HOUSE, PALLOM POST NATTAKOM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE SPECIAL TAHSILDAR LAND ACQUISITION, (NATIONAL HIGH-WAY) CHANGANACHERY. 3. THE ASSISTANT GENERAL MANAGER STATE BANK OF TRAVANCORE, KOTTAYAM MAIN BRANCH KOTTAYAM. BY ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE FOR R.3 BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 8246 of 2008 ---------------------------------- Dated this the 23rd day of May , 2008 JUDGMENT The grievance of the petitioner is that the second respondent – the Land Acquisition Officer has not paid award amount to her on the reason that amounts are due from the petitioner to the 3rd respondent bank. 2. I have heard the submissions of Sri.P.Kuruvilla Jacob, the learned counsel for the petitioner, Sri.M.Pathrose Mathai, the learned Senior Counsel for the Bank and Sri.Basanth Balaji the learned Government Pleader. It is not disputed that the acquired property was subject to a mortgage in favour of the third respondent bank. According to the Bank, the total outstandings due to them under the martgage is Rs.8 Lakhs. The award money will not suffice to discharge even a portion of the amounts due to the bank. The bank contends that the entire compensation is to be paid to them so that the same will go in partial liquidation of the liability due to them. The stand of the WPC No.8246/2008 2 Bank is founded on law. This being the stand taken by the Bank, I do not find any way to grant relief to the petitioner. This writ petition is dismissed. PIUS C. KURIAKOSE JUDGE dpk