IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21158 of 2008(R) -------------------------- LAR.131/2006 of III ADDL.SUB COURT, ERNAKULAM .................... PETITIONER: ------------ THOMAS MEENACHIRAPADAN, AGED 49, S/O. LATE CHACKO, MEENACHIRAPPATTU HOUSE, THIRUMARAYOOR HOUSE, KAIPPATTUR VILLAGE, KANAYANNUR TALUK, KOCHI-682 313. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL SRI.P.MURALEEDHARAN (THURAVOOR) RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR L.A, SOUTHERN RAILWAY, NASHATRA BUILDING, KARITHALA ROAD (KARSHAKA R0AD), KOCHI - 682 016. BY GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.21158 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2008 JUDGMENT This writ petition under Article 226 has been filed with the following prayers: “i) issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to make the reference under section 18 of the Land Acquisition Act in respect of the property referred under Section 31(2) Land Acquisition Act comprised in Sy 36/3-9 of Kureekkad Village having an extent of 0.74 Ares. ii) Pass an order directing the Honourable 3rd Addl.Sub Court, Ernakulam to consider the LAR 331/2006 along with reference under section 18 of the Land Acquisition Act.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader who has taken notice on behalf of the respondents. Learned counsel for the petitioner would submit that since L.A.R. No.331/06 has already been registered by the reference court under Section 31(2) and since the parties are already before the reference WPC.No. 21158/08 2 court in that case, it is only appropriate that the court be directed to consider the petitioner's claims under Section 18 regarding the correct compensation payable and also regarding the extent actually acquired from the petitioner's possession. The persuasive submission of the learned counsel notwithstanding, I am unable to grant the relief to the petitioner in view of the conceded position that the petitioner is yet to apply under Section 18 for a reference of the relevant question. It is brought to my notice that the acquisition in question was for the purposes of railway which means that in all probabilities there were other cases covered by the very same Section 4(1) notification. It is always open to the petitioner to apply under Section 28A on the basis of relevant court awards. To that extent, the grievance of the petitioner that correct compensation has not been paid to him for his acquired property could be redressed. Writ Petition will stand dismissed. PIUS.C.KURIAKOSE JUDGE sv. WPC.No. 21158/08 2