IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37275 of 2008(K) -------------------------- PETITIONERS: --------------- 1. LILLY SEBASTIAN, ARAKKAL VEEDU, P L ROAD, PALARIVATTOM. 2. T.S. SURESH BABU, KARIMTHARAKKAL, P L ROAD, PIPE LINE JUNCTION, PALARIVATTOM. 3. MICHALE, S/O. LATE XAVIER, VALUTHEDATH HOUSE, 32/1380, P L ROAD, PALARIVATTOM. 4. SHINI JOJI, W/O. LATE JOJI JACOB, CHAKKALAPARAMBIL KURAN HOUSE, 34/419 P L ROAD, PADIVATTOM, EDAPPALLY.P.O. 5. RAMESAN.P.B, CHAKKALAPARAMBL RAJANY, P L ROAD, PADIVATTOM, EDAPPALLY.P.O, 6. LALIAMMA SEBASTIAN, PULIKKAL HOUSE, P L ROAD, PALARIVATTOM. 7. THOMSON, VAZHAKKOOTTATHIL, P L ROAD, PALARIVATTOM. 8. V.A. XAVIER, S/O. ALEXANDER, VAZHAKKOOTTATHIL, P L ROAD, PALARIVATTOM. 9. V.A.VARGHESE, S/O. ALEXANDER, VAZHAKKOOTTATHIL, P L ROAD, PALARIVATTOM. 10. CHANDRASEKHARA MENON, SASTHA NIVAS, P L ROAD, PALARIVATTOM. 11. RATNA M PAI, W/O. LATE MURALEEDHARA PAI, PADIPPURAKKAL, P L ROAD, PALARIVATTOM, COCHIN-25. WPC 37275/08 12. SIYAD.C.A, S/O. LATE C.M. ALI, CHEEVITTITHARA, P L ROAD, PADIVATTOM, EDAPPALLY.P.O. 13. MOHAN KUMAR.E.P, USHAS, P L ROAD, PALARIVATTOM. BY ADV. SRI.P.SATHISAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF WATER IRRIGATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, ERNAKULAM. 3. SPECIAL TAHSILDAR, LAND ACQUISITION OFFICER, L.A.GENERAL, KAKKANAD, COCHIN. 4. MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. R1 TO R3 BY SR. GOVT. PLEADER MR.BASANT BALAJI R4 BY ADV.MR.M.DINESH, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37275 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 17th December, 2008 JUDGMENT On behalf of Mr.P.Sathisan, it is submitted that the petitioners will be satisfied if they are allowed to have the question of correct compensation payable for their acquired properties determined by a competent civil court through a reference under Section 18. It is submitted that it will suffice if reliefs given to the parties in Ext.P11 case is granted to the petitioners in this case also. Accordingly, following the decision taken by me in Ext.P11, this Writ Petition is disposed of issuing the following directions: 1. If the petitioners file applications for reference under Section 18 before the third respondent within three weeks of their receiving copy of this judgment, the third respondent will entertain those applications as though they are filed on time and make references to the competent sub court, the question of determining the correct compensation which was payable to them for their acquired properties notwithstanding the terms of Exts.P1 to P4. 2. It is made clear that since reference will be facilitated, the petitioners will not be eligible for the package. It is also made W.P.C.No.37275/08 - 2 - clear that Ext.P7 has not been interfered with in the case of the petitioners notwithstanding my approval regarding the reasoning adopted in Ext.P10 against Ext.P7. srd PIUS C.KURIAKOSE, JUDGE