IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 21294 of 2010(J) -------------------------- PETITIONER: --------------- S.P.SOUDATH , AGED 38 YEARS, W/O.MUSTHAFA PUTHIYAPURA, PANDIKASALA, MATTANNUR, THALASSERY TALUK,KANNUR. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.K.S.SUMEESH RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR LAND ACQUISITION (AIRPORT NO.2) MATTANNUR. 2. KERALA INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA) 31/2312 , SASTHAMANGALAM DESOM, TRIVANDRUM TALUK THIRUVANANTHAPURAM DISTRICT. BY GOVT.PLEADER SHRI N.SUDHA DEVI FOR R1 ADV.SHRI G.S.RAGHUNATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.21294 Of 2010 J ----------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2010 J U D G M E N T This Writ Petition is filed by the petitioner, seeking for a direction to the 1st respondent to accept Exhibit P2 claim statement and thereafter refer the matter for adjudication to the land acquisition court by making the petitioner as a party. The case of the petitioner is that she was the owner in possession of 1 Acre and 53 cents of property in Re-survey No.63/03B of Keezhaloor Village, Thalassery Taluk. It is alleged in the Writ Petition that pursuant to the requisition made by the 2nd respondent, various items of properties have been acquired from the Thalassery Taluk for Kannur Airport Project. It is claimed that the petitioner's property has also been acquired. On negotiation, the petitioner transferred all her interest in 1 Acre 45 cents from out of the total extent of 1 Acre 53 cents in favour of the 2nd respondent and 8 cents was kept out of the negotiation and a sale deed was executed by the 2nd respondent claiming that the 8 cents is being used as part of the road and in possession of the Panchayat. It is pointed out that thereafter a notification under Section 4(1) was issued including the above 8 cents. It is in these W.P.(C)No.21294/10 -2- circumstances that Exhibit P2 has been filed before the Tahsildar. 2. The Writ Petition was disposed of earlier by judgment dated 20.7.2010, directing a reference of the claim under Section 18 to the civil court. R.P.No.938/2010, from the judgment was allowed this day and accordingly the Writ Petition was heard afresh. 3. The learned counsel appearing for the 2nd respondent and the learned Government Pleader submitted that this item, namely, 8 cents of property is not part of the notification and therefore acquisition proceedings have not been initiated. The case of the petitioner appears to be that the remaining 8 cents is also under the possession of the petitioner. 4. The learned counsel for the 2nd respondent submitted that now that the matter is placed before the Tahsildar by the 2nd respondent, a direction can be issued to the 1st respondent to consider Exhibit P2 and thereafter depending upon the outcome, it is upto the petitioner to seek a reference before the civil court. 5. There will be a direction to the 1st respondent to consider Exhibit P2 and dispose of the matter by passing an award, either positive or negative, and depending upon the outcome of the same, it is upto the petitioner to seek appropriate W.P.(C)No.21294/10 -3- reference to the civil court. The concerned Panchayat also will be heard in the matter, apart from the petitioner. The Writ Petition is disposed of as above. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn