IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 8732 of 2009(J) ------------------------------- LAR.50/2005 of SUB COURT, PAYYANNUR .................... PETITIONER(S): --------------- MOTHANGA DAMODARAN, S/O. KAVILE VALAPPIL THAYILE PURAYIL KUNHAMBU, RESIDING AT MATTOOL AMSOM DESOM, MATTOOL NORTH, KANNUR. BY ADV. MR.P.K.PRIYA RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LA), OECF, KANNUR. 2. THE PROJECT OFFICER, OECF, KERALA WATER AUTHORITY, MALAPPARAMBA, KOZHIKODE-9. MS. AMBIKA DEVI – SC GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8732 OF 2009 ---------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT The petitioner is the first claimant in L.A.R.No.50/2005 on the files of the Sub court, Payyannur. That reference was in respect of 0.0965 hectares in Re-Survey No.47/1A of Kannapuram Amsom and Desom. The adjacent property belonging to the petitioner was also acquired under the same notification, in respect of which the reference court has disposed of L.A.R.No.249/2001. Against that award, the petitioner has filed an appeal before this Court which has been numbered as L.A.A.No.371/2009. The petitioner has filed this writ petition seeking stay of L.A.R.No.50/2005 till disposal of that appeal. 2. I do not think that the petitioner can, on the ground that L.A.A. in respect of a property is pending, seek stay of L.A.R. in respect of another property even if it is also acquired under the W.P.(c)No.8732/09 2 same notification. I am of opinion that the remedy of the petitioner is to get L.A.R.No.50/2005 also decided and if the petitioner is aggrieved by the award, to take up that award also in an appeal or else he has to file an application in that appeal to withdraw the present LAR also to be tried along with the appeal, if it is permissible under law. Therefore, without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.8732/09 3