IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 27355 of 2009(L) -------------------------- PETITIONER(S): --------------- P.M.MOHAMMED, AGED 47 YEARS, S/O.P.M.MOIDEEN, PUNNILATH HOUSE, VAZHANI P.O., VADAKKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.P.K.IBRAHIM SRI.C.N.GOPAKUMAR RESPONDENT(S): --------------- 1. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR (LA) (GENERAL), THRISSUR. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR. 3. THE TAHSILDAR, KODUNGALLOOR. 4. THE VILLAGE OFFICER, EDAVILANGU VILLAGE, KODUNGALLOOR. GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, ALONG WITH WPC NO. 29081 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the sale deed dated 13.10.2006 of the petitioner's property Ext.P2. True copy of the notification No.F-682/2008 dated 14.11.2008 issued by the Ist respondent. // true copy // P.A to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) Nos.27355/09 & 29081/09 -------------------------------------------------- Dated this the 30th day of March, 2010 J U D G M E N T In these writ petitions the challenge is against the proceedings under the Land Acquisition Act for acquisition of the properties covered by Section 4(1) notification for the purpose of Tsunami rehabilitation project. 2. The contention raised by the counsel in these writ petitions are two fold. One is that notice under Section 9(3) have not been served and other is that 80% compensation as required under Section 17(3A) of the Act have not been tendered and that attempt was made to dispossess the petitioners by taking over the possession of the land without either paying the amount or passing award as required under the Land acquisition Act. 3. In so far as the contention that notice under Section 9(3) of the Act has not been served on the petitioners is concerned, counter affidavit filed by the respondents show that, notices were published and according to the respondents notices have also been served. In so far as the alleged non payment of 80% compensation is WPC.Nos. 27355/09& another. :2 : concerned, according to the respondents, notices were sent in the addresses of the petitioners as available in the mutation register and that these notices were returned by the postal authorities with the endorsement that 'addressee not known'. 4. However, counsel for the petitioners disputed these submissions. According to him, notices under Section 9(3)of the Act have not been served as prescribed in the Act. In so far as payment of 80% compensation is concerned, learned counsel for the petitioners submit that the petitioners' present addresses are as indicated in the cause title of these writ petitions. According to him, the addresses as above are well within the knowledge of the respondents and that in spite of it, notices were not properly addressed and sent. It is therefore contended that there is non compliance with the statutory provision. 5. The fact that the acquisition for Rehabilitation of Tsunami Victims is a public purpose has already upheld by this court I several cases including in the writ petition filed by the petitioners herein. Since, according to the petitioners the lands have not been taken possession of, if the payment as per Section 17(3A) is WPC.Nos. 27355/09& another. :3 : tendered even at this stage, such payment will cure the defects of non-payment alleged. In so far as the alleged violation on the part of the respondents in serving notice under section 9(3) of the Act is concerned, prima facie, the documents produced by the respondents leads me to think that there is compliance with the statutory provisions in this regard. Irrespective of the above, in order to ensure that the petitioners are not prejudiced in any manner, I issue the following directions. I. That the respective Land Acquisition Officers shall issue notice to the petitioners in their address as shown in these writ petitions and on the petitioners presenting themselves for receiving the compensation, compensation as admissible to them under Section 17(3A) shall be disbursed to them. ii. It is also directed that the petitioners will be given notice in the address as shown in the cause title to these writ petitions, giving them opportunity to participate in the award enquiry and on that basis, the Land Acquisition Officer concerned shall pass awards, which shall be done as expeditiously as possible and at any rate WPC.Nos. 27355/09& another. :4 : within 2 weeks of completion of the enquiry. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/