IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 W.A.No. 1539 of 2008 --------------- --------------------- AGAINST THE JUDGEMENT IN WPC.16816/2008 DATED 08/07/2008 .................... APPELLANT/PETITIONER: ------------------------------------- V.M.SEETHI, VALIYAVEETTIL. CHERANELLOOR, KOCHI - 682 034. BY ADV. SRI.P.B.SURESH KUMAR & SRI.LEO GEORGE RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE SPECIAL TAHSILDAR (L.A.), INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT), VALLARPADAM, ELOOR. 2. THE DISTRICT LEVEL PURCHASE COMMITTEE, INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL (ICTT), CIVIL STATION, KAKKANADU, REPRESENTED BY THE DISTRICT COLLECTOR. 3. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. 4. STATE OF KERALA , REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE (FAST TRACK PROJECTS), THIRUVANANTHAPURAM. 5. NATIONAL HIGHWAY AUTHORITY OF INDIA, G-6, SECTOR 10, DWARAKA, NEW DELHI - 110 045. W.A.NO.1539 OF 2008 - 2 - 6. COCHIN PORT TRUST, WILLINGDON ISLAND, KOCHI - 682 003, REPRESENTED BY ITS CHAIRMAN. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R5 BY ADV. SRI.THOMAS ANTONY R6 BY ADV.SRI.E.K.NANDAKUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1539 of 2008 ------------------------------------------ Dated, this the 24th day of July, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.16816 of 2008 dated 8th July, 2008. 2. After acquiring the immovable properties of the petitioner an award is passed by the Land Acquisition Officer. According to the petitioner, while passing the award, the Land Acquisition Officer should have applied the rate fixed by the District Level Purchase Committee. Since that has not been done, the petitioner is before this Court for a direction to the respondents to apply the rate fixed by the District Level Purchase Committee in respect of his properties also. The other prayer in the writ petition is to direct the first respondent to recall the reference made under Section 18 of the Land Acquisition Act in respect of Exts.P4 and P5 awards and then apply the rate fixed by the District Level Purchase Committee. 1. 3. In our opinion, none of the reliefs sought for by the petitioner can be granted by this court at this stage. After acquiring the land in question, an award has been passed for having acquired the immovable properties of the petitioner. If for any reason, the petitioner is of the opinion that the rate fixed by the Land Acquisition Officer is W.A.No.1539 of 2008 2 comparatively less when compared to the rate fixed by the District Level Purchase Committee, he can agitate his grievances in the reference proceedings which has already been referred to the civil court on the request made by the petitioner himself. 4. In that view of the matter, we do not see any good reason to interfere with the orders passed by the learned Single Judge. Accordingly, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk.