IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 23503 of 2008(W) -------------------------- PETITIONER: ------------ 1. KARUMARAKADAN RAMANKUTTY, S/O.ANDI, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. 2. KARUMARAKADAN PARANGODAN @ KUNHUNNI, S/O.ANDI, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. 3. KARUMARAKADAN VELAYUDHAN, S/O.ANDI, ARECODE AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE SPECIAL DEPUTY COLLECTOR, (L.A.), KOZHIKODE. 2. THE JOINT SECRETARY, K.S.E.B., THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR (LA), MALAPPURAM. 4. THE CHIEF ENGINEER, K.S.E.B., KOZHIKODE. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, K.S.E.BOARD, SECRETARIAT, TRIVANDRUM. WPC.No.23503 of 2008 ADDITIONAL RESPONDENT 6. THE DEPUTY COLLECTOR (LA) MALAPPURAM Additional R6 is impleaded suo motu vide judgment dated 28-8-2008 BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R2-3 GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.23503 OF 2008 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF PROCEEDINGS DATED 3-3-04 ALONG WITH CALCULATION STATEMENT OF FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER ALONG WITH CALCULATION STATEMENT FORWARDED BY THE 4TH RESPONDENT. EXT.P3 TRUE COPY OF THE INFORMATION FROM THE SPECIAL TAHSILDAR, L.A.(GENERAL), MALAPPURAM 29-8-2006 /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 23503 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of August, 2008 JUDGMENT On behalf of Sri.P.P.Thajudeen, learned standing counsel for the KSEB, time is sought for again for getting instructions as to when the respondents 4 and 5 will be able to pay the necessary funds to the land acquisition authority so as to enable that authority to make payments to the petitioners. I am not inclined to grant time. Learned Government Pleader submitted that the office of the first respondent has been abolished and the Deputy Collector (LA) of each revenue district has now been entrusted with the charge. Thus it will be the Deputy Collector (LA), Malappuram who will have to release the payments pursuant to Ext.P1, but he will be able to do that only if funds are provided by the requisitioning authority-the Electricity Board. In view of the above submission, the Deputy Collector (LA), Malappuram is impleaded suo motu as additional respondent No.6. Registry will carry out corrections in the cause title. Government Pleader takes notice on behalf of the additional 6th respondent. WPC.No.23503/08 2 Ext.P1 award passed by the first respondent has attained finality. Since the acquisition was admittedly for the purposes of respondents 4 and 5, it is for those respondents to make the necessary funds available with the additional 6th respondent. I therefore dispose of the writ petition issuing the following directions; Respondents 4 and 5 are directed to make available the funds necessary for implementing Ext.P1 award to additional 6th respondent within three months of receiving a copy of this judgment and the additional 6th respondent is directed to release payments to the petitioners within one month of receiving payments from respondents 4 and 5. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.23503/08 2