IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 17660 of 2008(B) -------------------------- PETITIONER: ------------ V.K.SUKUMARAN, S/O.KUTTY, AGED 52, IRUPOOLUMKATTIL, OLAMATTOM, THODUPUZHA BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY REVENUE DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM 2. DISTRICT COLECTOR, CIVIL STATION, KUYILIMAL, IDUKKI 3. THE REVENUE DIVISIONAL OFFICER,KUYILIMAL IDUKKI BY G.P. SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 17660 of 2008 ---------------------------------- Dated this the 20th day of June , 2008 JUDGMENT The grievance of the petitioner is that though he filed an application under Section 28A of the Land Acquisition Act for redetermination of the compensation for his acquired properties on the basis of the court's judgment in L.A.R. No. 23/2001 (which is subject matter of L.A.A. No.966/2007 which was filed by the Government and dismissed by me today) the respondents are insisting that security should be furnished if the determined compensation is to be paid. The justification of the respondents for such insistence is that against the judgment in L.A.R.23/2001, L.A..A. No.966/2007 has been filed and pending before this court. As already indicated, L.A.A. 966/2007 has been dismissed Under the above circumstances, I am of the view that the petitioner is entitled to have the entire re-determined compensation as per Ext.P1 without furnishing the security. The writ petition, accordingly, is allowed. The rider in Ext.P1 that the amounts determined as per Ext.P1 will be released to the petitioner only upon WPC No.17660/2008 2 the petitioner furnishing the security is deleted. Ext.P4 is quashed and the respondents are directed to facilitate payment of the amounts redetermined under Ext.P1 to the petitioner without insisting on security early and at any rate within six weeks of receiving a copy of this judgment. PIUS C. KURIAKOSE JUDGE dpk