IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27436 of 2006(N) ---------------------------------------- PETITIONER: -------------------- B. AMBU, S/O. KUNHAMBU, AYAM KADAVU, P.O. PERIYA, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR, KASARAGOD. 2. MANAGING DIRECTOR, BAKEL RESORTS DEVELOPMENT CORPORATION,TRIVANDRUM. 3. TECHNICAL MANAGER, BAKEL RESORTS DEVELOPMENT CORPORATION, NEAR BAKEL, KASARAGOD. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J.- R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27436/2006 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER ISSUED TO THE PETITIONER ON 1/02/2005. EXT.P2: COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT DTD. 16/03/2005. EXT.P3: COPY OF THE REPRESENTATION DTD.22/03/2006 GIVEN TO THE FIRST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 10/06/2005 GIVEN TO THE SECOND RESPONDENT BY THE PETITIONER. EXT.P5: COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT DTD. 18/03/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.27436 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- ii) Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents 1 and 2 to refix the compensation to the petitioner for dispossessing him from 1.27 acres of land after proper enquiry and with notice to the petitioner. It is for the petitioner to approach the civil court in view of the disputed questions of fact as referred to in the counter affidavit filed by the first respondent. The writ petition is disposed of without prejudice to the liberty to the petitioner to approach the civil court making it also clear that in the event of the petitioner approaching the civil court, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. In case the sanctioned amount of Rs.20,000/- has not yet been disbursed to the petitioner, the same shall be disbursed to the petitioner within a period of two months from the date of production of a copy of this judgment by the petitioner. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.27436 of 2006 ----------------------------------- JUDGMENT 19th September, 2008