IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 1229 of 2010(C) ------------------------- PETITIONER(S): --------------- ZAKIR HUSSAIN, S/O.E.P.IBRAHIMKUTTY, AGED 50 YEARS, SHABEENA MANZIL, ELAVUKAD, COLONY ROAD, VAZHAPALLY, CHANGANASSERRY, KOTTAYAM DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. SPECIAL THAHSILDAR, LA (NH), RANNI, PATHANAMTHITTA DISTRICT. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.1229 of 2010 (C) --------------------------------- Dated, this the 29th day of January, 2010 J U D G M E N T The petitioner claims to be the joint owner in possession of 395 sq. meters of land comprised in Survey No.112/9 of Thiruvalla Village. According to the petitioner, the land was also acquired for construction of Thiruvalla Bye-pass. It is stated that when an award was passed, along with the owner of another piece of land in respect of which also the common award was passed, the petitioner applied under Section 18 of the Land Acquisition Act for reference for enhanced compensation. It is complained that although applications made by others have been entertained and references made, no reference is made in the case of the petitioner. It is in these circumstances, this writ petition is filed praying for a direction to the respondents to make reference pursuant to the application submitted by the petitioner on 28/07/2008 under Section 18 of the Land Acquisition Act. 2. Pursuant to the directions of this Court, the learned WP(C) No.1229/2010 -2- Government Pleader has obtained instructions in the matter. According to her, in respect of the land mentioned by the petitioner, four persons were found to be in possession. It is stated that award enquiry was held on 13/09/2007. None of the owners appeared or produced any document. Award was passed and the compensation awarded has been deposited on 16/03/2009. It is also submitted that out of the four persons mentioned above, one of them, viz., Sri.C.C.Chacko submitted an application for reference and that reference has been made to the Sub Court, Thiruvalla, where the reference is numbered as LAR No.2/2009. It is stated that it was in the aforesaid circumstances, that reference was not made in respect of the land claimed by the petitioner. 3. As already seen, pleading of the petitioner is to the effect that the petitioner made an application for reference and that reference has not been made. The application, which is allegedly made, is not produced, nor has the petitioner produced any evidence to show that the respondents have received any such application. On the other hand, the learned Government Pleader is definite in her submission that no such application has been WP(C) No.1229/2010 -3- received from the petitioner. If that be the case, the respondents cannot be faulted, if no reference has been made. In the circumstances, I do not find any merit in the writ petition, and it is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg