IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 33302 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------ ALPHONSA MANI @ CHRISTOPHER FERNANDEZ, HOUSE NO.27, PALLITHURA COLONY, THIRUVANANTHAPURAM. BY ADV. MR.D.SAJEEV RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE MANAGER, KINFRA, THIRUVANANTHAPURAM. 3. THE LAND ACQUISITION OFFICER, ADDITIONAL L.A.UNIT, THIRUVANANTHAPURAM. R1 & R3 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.33302 OF 2009 ............................................ DATED THIS THE 7TH DAY OF DECEMBER, 2009 JUDGMENT The petitioner's land was acquired on the requisition of KINFRA. That requisitioning authority has paid the amount to the State Government. This is only a payment, which is required by the statute, viz, Land Acquisition Act, 1894. In terms of that Act, Land Acquisition Officer has to see that the amount is immediately deposited in the proper account or released to the claimant. Otherwise, that will only result in further loss even to KINFRA. If the acquisition is for the KINFRA on a request by the KINFRA; having regard to the well established law that the requisitioning authority is the property authority to be heard, if KINFRA does not have any objection to the award, there would be no practical purpose Wpc 33302/09 2 for the Government to say that it would appeal against the award. Under such circumstances, there is no reason for the Government to withhold funds that the KINFRA has made available with it. Accordingly, it is ordered that the amounts due to the petitioner shall be released within a period of one month from now, unless there are interdicting orders issued in any statutory appeal or other proceedings. If the amount deposited by KINFRA is insufficient to release the award amount due to the petitioner, the third respondent will immediately inform the KINFRA about it and proceed with further action to ensure that payment is made within an outer limit of two months from now. THOTTATHIL B RADHAKRISHNAN, JUDGE Wpc 33302/09 3 lgk/8/12