IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH JANUARY 2011 / 24TH POUSHA 1932 WP(C).No. 30047 of 2010(E) --------------------------------------- PETITIONER(S): ----------------------- 1. SUBAIRATH, PUTHIYAPURA, KILTAN ISLAND, U.T. OF LAKSHADWEEP. 2. SAYED MUHAMMED KOYA, S/O.LATE ATTAKIDAVE, UTHILIYODA, ALIMAPURA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 3. KUNHIKOYA HAJI, KUNHIPURA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 4. BEETHARABI, W/O.LATE ATTAKKA, EYYAYODA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 5. RASHEED KOYA, S/O.LATE MUTHO KOYA, PITTIYAPURAM, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 6. AMINABI, PUTHIYAPENDAVELI, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 7. SAYEDPOO, MALAYAMPURA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 8. HAREES, PUTHIYAPURA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. 9. KUNHI AHAMMED KOYA, S/O.ATTAKOYA, SALIYODA, KILTAN ISLAND, U.T.OF LAKSHADWEEP. BY ADV. DR.K.P.SATHEESAN, SRI.K.K.GOPINATHAN NAIR, SRI.M.R.JAYAPRASAD, SRI.P.MOHANDAS (ERNAKULAM). WP(C).No. 30047 of 2010(E) RESPONDENT(S): -------------------------- 1. THE ADMINISTRATOR, U.T.OF LAKSHADWEEP, KAVARATTI, PIN-682 555. 2. THE LAND ACQUISITION COLLECTOR, ADMINISTRATION OF THE U.T.OF LAKSHADWEEP, COLLECTORATE, KAVARATTI, PIN-682 555. 3. THE DIRECTOR, PORT, SHIPPING AND AVIATION, U.T.OF LAKSHADWEEP, KAVARATTI, PIN-682 555. R1 TO R3 BY ADV. SRI.S.RADHAKRISHNAN,SC, LAKSHADWEEP ADMN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30047 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER WRITTEN BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 10/11/2009 ALONG WITH THE ESTIMATED VALUE OF THE LAND AND THE IMPROVEMENTS MADE BY THE PETITIONERS. EXT.P2: COPY OF THE LAST REPRESENTATION FILED BY THE PETITIONERS DATED 19/08/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.30047 of 2010 ---------------------------- Dated 14th January, 2011 JUDGMENT The properties belonging to the petitioners have been acquired invoking urgency clause under section 17(4) of the Land Acquisition Act. This writ petition has been filed by them, inter alia, praying for issue of a writ of mandamus commanding the second respondent to pay compensation in respect of the properties acquired from them. 2. I have heard the learned counsel appearing for the petitioners as also the learned standing counsel appearing for the respondents. 3. The learned standing counsel for the respondents submitted that there is a rival claim for the amount in respect of petitioners 2 and 3, inasmuch as, in respect of the properties alleged to have been acquired from petitioners 2 and 3, rival claims have been put forth by certain persons and W.P.(C)Nos.31612 & 32184 of 2010 have been filed by the rival claimants. The said writ petitions are pending before this Court. In view of the said position, it is contended that the respondents are not in a position to disburse the amount of compensation to the said petitioners viz., petitioners 2 and 3 in this writ WP(C).No.30047/2010 2 petition. As regards the other petitioners, it is submitted that, in the absence of any objection from any other claimants, there will not be any impediment for petitioners 1 and 4 to 9 to approach the second respondent for getting disbursement of the amount of compensation. In case there is no legal impediment in disbursing the amount to the petitioners referred above, the amount due to them shall be paid to them expeditiously, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. The entitlement of petitioners 2 and 3 for compensation on account of acquisition of property will depend upon the outcome of W.P.(C)Nos.31612 & 32184 of 2010. The writ petition is disposed of accordingly. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S to Judge