IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 OP.No. 36699 of 2001(R) ----------------------- PETITIONER(S): --------------- 1. K.RAJENDRAN CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGADU ADDITIONAL PETITIONERS 2. RAGHUNATHA BABU S/O KRISHNAN CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 3. VASAVAN, S/O CHELLAPPAN CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 4. K.RAVEENDRA BABU CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 5. BHARGAVI VALSALA KUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 6. K.JAYACHANDRAN CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 7. BHARGAVI SHILAJA KUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD O.P.NO.36699/01 8. K.SAMBASIVAN CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 9. BHARGAVI USHAKUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 10. VIJAYAMMA CHANDRAKUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 11. VIJAYAMMA JAYAKUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 12. VIJAYAMMA KRISHNA KUMARI CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 13. VIJAYAMMA GEETHA CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD 14. VIJAYAMMA JAYASREE CHANTHAVILA VEEDU VADAKKUMKARA MURI NEDUMANGAD ADDITIONAL RESPONDENTS IMPLEADED VIDE ORDER DATED 1-7-08 IN C.M.P.NO.29788/02. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM 2. NEDUMANGAD MUNICIPALITY REP. BY ITS SECRETARY NEDUMANGADU O.P.NO.36699/01 3. THE SPECIAL TAHSILDAR (LA) ADDITIONAL LAND ACQUISITION UNIT IRISHIMANGALAM VANCHIYOOR P.O. THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.P.RAMAKRISHNAN, (SC) FOR R2 THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.60034/01 IN O.P.NO.36699/01 DISMISSED 06-11-2008 Sd/-, PIUS.C.KURIAKOSE, JUDGE /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - O.P.No.36699 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November , 2008 JUDGMENT Heard Sri.P.Gopalakrishnan Nair, learned counsel for the petitioner. He took me through the averments in the writ petition as well as through the various documents placed on record. Having regard to his submissions, I feel that this is a fit case where respondents can be directed to initiate and complete the proceedings for acquisition of the petitioner's land which is already taken possession of by passing award and facilitating payment of compensation. 2. On behalf of Sri.P.Ramakrishnan, standing counsel for the Municipality, all the submissions of Sri.P.Gopalakrishnan were resisted. Referring to Ext.P3 reply notice it was submitted by the learned counsel that a concluded contract is not entered into between the petitioner and the Municipality represented by its Commissioner. When the attention of the learned counsel was drawn to the obvious position that the petitioner's properties were taken possession of in anticipation of land acquisition proceedings, the learned counsel would O.P.NO.36699/01 2 submit that it is not clear whether any formal requisition had been given by the Municipality to the District Collector. 3. Whatever that be, the position is irrefutable that property belonging to the petitioner was taken possession of in anticipation of the proceedings for land acquisition and it is clear from Ext.P2 issued by the Municipality that as on 31-10-1988 a valid requisition had been given by the Municipality to acquire the petitioner's property for the purpose of the Municipality. It is necessary that the petitioner who was deprived of his property way back in 1985 receives adequate compensation for the properties. 4. Under the above circumstances, I am inclined to allow the writ petition issuing the following directions; 1) Respondents are directed to initiate proceedings for acquisition of the petitioner's properties which are subject matter of this writ petition under the provisions of the Land Acquisition Act 1894 and to complete those proceedings by passing award at the earliest and at any rate within four months of receiving copy of this judgment. The second respondent will readily deposit whatever amounts they are O.P.NO.36699/01 3 called upon to deposit by the third respondent so as to enable the third respondent to pass award and release payment to the petitioner. PIUS.C.KURIAKOSE JUDGE sv. O.P.NO.36699/01 4