IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 25231 of 2009(Y) -------------------------- PETITIONER(S): --------------- NARMADA DESIGN CENTRE PVT. LTD. A BODY CORPORATE CONSTITUTED & FUNCTIONING UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT KAUDIAR, TRIVANDRUM-3, AND REPRESENTED IN THIS PROCEEDINGS BY ITS MANAGING DIRECTOR, DR.K.BALARAMAN, AGED 81 YEARS, S/O.LATE DR .C.O.KARUNAKARAN, R/AT 'VALSA', KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 1 1. WHO IS DULY AUTHORISED AND EMPOWERED TO REPRESENT THE PETITIONER. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.M.AJAY (IRUMPANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), MARAKKADA ROAD, CHALAI THIRUVANANTHAPURAM. 3. THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, VAZHUTHAVAUD, THIRUVANANTHAPURAM. 4. NARMADA BUILDING ENTERPRISES (P) LIMITED KAUDIAR, THIRUVANANTHAPURAM, A BODY CORPORATE, REPRESENTED BY ITS MANAGING DIRECTOR. WPC NO.25231/2009 5. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. *ADDL.R6. KERALA ROAD FUND BOARD, MAYOORAM, BELL HEAVEN GARDENS, TRIVANDRUM. REPRESENTED BY ITS PROJECT ENGINEER. *(ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 24/11/2009 IN I.A.NO.14478/2009) ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R5 SRI.K.A.JALEEL, SC., TRIDA FOR R3 SRI.K.JAJU BABU,SC, FOR ADDL.RESPONDENT MR.V.MANU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25231/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE TAX RECEIPT DATED 22/7/2009 PERTAINING TO PAYMENT OF TAX FOR THE PROPERTIES. P2 : COPY OF THE NOTIFICATION NO.A1.1443/2003 DATED 28/4/2007. P3 : COPY OF LETTER S-3/1352/03/TRIDA DATED 18/10/2007. P4 : COPY OF REPORT AND PLAN SUBMITTED BY THE COMMISSIONER IN WP(C) NO.36880/2007. P5 : COPY OF JUDGMENT DATED 6/8/08 IN WP(C) NO.36880/07. P6 : COPY OF SALE DEED NO.3077/94 DATED 20/9/94 OF SASTHAMANGALAM SRO. P7 : COPY OF TAX RECEIPT DATED 22/7/2009 INDICATING PAYMENT OF TAX ISSUED BY THE PERURKADA VILLAGE OFFICE. P8 : COPY OF NOTICE NO.LAC12/2009 UNDER S.9(3) OF THE LAND ACQUISITION ACT DATED 27/7/2009 ISSUED TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT. P9 : COPY OF NOTICE UNDER RULE 15(3) FOR TAKING POSSESSION DATED 25/8/2009 ISSUED TO R4. P10 : COPY OF NOTICE OF AWARD IN LAC 12/2009 DATED 25/8/2009 PASSED BY R2 ISSUED TO R4. P11 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT DATED 23/2/2009. P12 : COPY OF REPRESENTATION DATED 23/2/2009 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR PWD. P13 : COPY OF ACKNOWLEDGMENT ISSUED BY THE OFFICE OF THE MINISTER'S OFFICE ACKNOWLEDGING THE RECEIPT OF THE REPRESENTATION. P14 : COPY OF LETTER DATED 31/7/2009 ADDRESSED TO R2 BY R4. P15 : COPY OF PROCEEDINGS OF THE TRIDA AND HIGH LEVEL COMMITTEE NO.S2- 4171/08/TRIDA DATED 8/9/08. P16 : COPY OF LETTER DATED 13/10/08 BEARING NO.A1/2880/2008/TRIDA ISSUED BY TRIDA. P17 : COPY OF NOTE TO THE AWARD PASSED BY THE SPECIAL TAHSILDAR (GENERAL). P18 : COPY OF SALE DEED NO.1160/79 DATED 28/3/1979. WPC NO.25231/2009 P19 : COPY OF SALE DEED NO.3605/79 DATED 18/10/79. P20 : COPY OF SALE DEED NO.3606/79 DATED 18/10/79. P21 : COPY OF SALE DEED NO.3607/79 DATED 18/10/79. P22 : COPY OF SALE DEED NO.779/79 DATED 06/03/79. P23 : COPY OF SALE DEED NO.800/79 DATED 06/03/79. P24 : COPY OF SALE DEED NO.3077/94 DATED 20/9/94. P25 : COPY OF TAX RECEIPT NO.0016473 DATED 22/7/09. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25231 of 2009 (Y) --------------------------------- Dated, this the 2nd day of February, 2010 J U D G M E N T The controversy raised in this writ petition concerns the claim of the petitioner for compensation in respect of a portion of the property covered by Exts.P8 to P10 which were issued in relation to the acquisition of the property mentioned therein. According to the petitioner, and as is seen from Ext.P14, the 4 th respondent has title only in respect of 0.12 Are out of 0.30 Are acquired. It is also the case of the petitioner that even Ext.P17 Award notes itself proves that the property acquired jointly belongs to the petitioner and the 4 th respondent. Complaint of the petitioner is that, in spite of all the above facts, it was without giving notice of acquisition to them that the entire acquisition proceedings have been completed and the property is acquired. On this basis, the petitioner submits that the respondents may be directed to complete the acquisition proceedings issuing notice to the petitioner and allowing them to participate in the enquiry and other proceedings. WP(C) No.25231/2009 -2- 2. However, as rightly pointed out by the learned counsel for the respondents, the property over which the petitioner claims title as per Ext.P1, is situated in R.S.No.84, Block No.19, Ward No.V of Peroorkada Village, whereas the property mentioned in Exts.P8 to P10 is situated in R.S.No.66 of Peroorkada Village. It is also stated that even in Ext.P17 Award notes the Land Acquisition Officer has stated that the properties are in the joint possession, without being separately demarcated, and therefore, he was not in a position to identify the property. It is also pointed out that even in Ext.P14 issued by the 4th respondent to the Land Acquisition Officer, apart from stating that they have ownership over only 0.12 ares of land, they have not stated about the ownership of the remaining property covered by the notification. On this basis it is stated that the issues raised by the petitioner are to be proved by them and therefore are matters to be considered by the Reference Court. 3. Having regard to the facts as noticed above, I cannot find fault with the Land Acquisition Officer in completing the acquisition proceedings without issuing notice to the petitioner. There is nothing to indicate that the title, ownership and possession of the WP(C) No.25231/2009 -3- property claimed by the petitioner is in relation to the portion of the 0.30 Ares of land under acquisition and mentioned in Exts.P8 to P10 referred to above. There is also nothing to indicate that the property covered by Ext.P1 title deed of the petitioner is part of the property covered by Exts.P8 to P10. Therefore, since the claim raised in respect of 0.18 ares of land mentioned in Exts.P8 to P10 has to be the subject matter of an enquiry under the Land Acquisition Act. I direct the Land Acquisition Officer to deposit the compensation awarded as provided under Section 31 of the Act before the Sub Court, Thiruvananthapuram. 4. Having regard to the pendency of the writ petition and the interim orders passed by this Court, it is also directed that it will be open to the petitioner to seek reference under section 18 of the Act by making an appropriate application within one month from today, in which event, the same shall be considered on merits by the Reference Court. Needless to say that since the writ petition is now disposed of, the respondents will be free to take possession of the property under acquisition. WP(C) No.25231/2009 -4- This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg