IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 W.P(C).No. 35744 of 2008(E) -------------------------------------- PETITIONER : ---------------------- JAYADEVAN, S/O.GOVINDAN, MELOOTTU VEEDU, PERUMPUZHA CHERRY, ELAMPALLOOR VILLAGE, BY ADV. SRI.V.BHASKARAN PILLAI SMT.S.LEELA SRI.B.VINOD RESPONDENT : ------------------------- SPECIAL THAHASILDAR (LA) KALLADA IRRIGATION PROJECT NO.II, KOTTIYAM. BY SRI. BASANT BALAJI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ----------------------------------- W.P(C). No. 35744 of 2008 ------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT The petitioner, who is an awardee under Section 28 A of the Land Acquisition Act, has two grievances. The first grievance is that statutory interest at the rate of 9% and 15% payable under Section 34 was not ordered to be paid. Second grievance is that the Land Acquisition Officer has reduced the rate of land value in comparison to the rate awarded in the award relied upon by the petitioner. As to the first grievance, the award will show that the L.A. Officer was convinced regarding the petitioner's eligibility for interest under Section 34 of the Act. It is clear from the award, Exhibit P1, that amount under Section 23(1)A was paid at the rate of 12% from 29/07/1986 to 27/01/1987. But there is some lack of clarity as to whether interest at the rate of 15% for the period subsequent to 27/01/1987 was paid to the petitioner. Mr. Vinod, learned counsel for the petitioner is not in a position to inform me as to what was the actual amount received by his client by way of cheque. W.P(C). No. 35744/2008 2 Now coming to the second grievance, I am of the view that it is for the petitioner to seek reference under Section 28 A(3) and have his grievance redressed by the reference court. Accordingly, this writ petition is disposed of with the following directions; 1. If interest at the rate of 15% per annum on the compensation redetermined under Exhibit P1 for the period subsequent to 27/1/1987 till date of payment has not already been paid to the petitioner, the respondent will quantify that amount and release that payment to the petitioner without delay. 2. The application for reference under Section 28A(3) if any, filed by the petitioner (already or to be filed) will be considered and disposed of having due regard to the statutory period of limitation. PIUS C. KURIAKOSE, JUDGE scm