IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 3293 of 2008(P) ------------------------- PETITIONER: ------------ 1. MOHANAN, AGED 51 YEARS, S/O KUNJU KRISHNAN, KATTUVILA PUTHEN VEEDU, THOTTAKKADU DESOM, KARAVARAM VILLAGE, TRIVANDRUM DISTRICT. 2. SHEELA LAKSHMANAN, W/O MOHANAN, KATTUVILA PUTHEN VEEDU, THOTTAKKADU DESOM, KARAVARAM VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MOHAMED RASHEED RESPONDENTS: ------------- 1. SASIDHARAN, AGED 52 YEARS, S/O SATHYABHAMA, MEDAYIL VEEDU, OPPOSITE OF INDIAN OIL PETROL PUMP, ULLOOR, MEDICAL COLLEGE P.O., TRIVANDRUM-11. 2. SUDHA, AGED 43 YEARS, W/O SASIDHARAN, MEDAYIL VEEDU, OPPOSITE OF INDIAN OIL PETROL PUMP, ULLOOR, MEDICAL COLLEGE P.O., TRIVANDRUM-11. 3. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, VANCHIYOOR, TRIVANDRUM-33. ADDL.R4. THE DEPUTY COLLECTOR, L.A.A. THIRUVANANTHAPURAM ADDL. R4 IS IMPLEADED AS PER JUDGEMNT) BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3293/2008 APPENDIX PETITIONERS EXHIBITS; EXT.P1; COPY OF THE TAX RECEIPT IN FAVOUR OF THE PETITIONERS. EXT.P2; COPY OF THE JUDGMENT DATED 26.2.1999 IN O.S. NO.562/1993 OF THE PRINCIPAL SUB JUDGE OF THIRUVANANTHAPURAM. EXT.P3; COPY OF THE JUDGMENT IN A.S. NO.43 OF 2000 DATED 2.4.2003 OF THE DISTRICT JUDGE, THIRUVANANTHAPURAM. EXT.P4; COPY OF THE JUDGMETN IN W.P.C NO.5190 OF 2005 DATED 9.3.2005. EXT.P5; COPY OF THE JUDGMENT IN O.S. NO.482/2005 OF (ADDL MUNSIFF) RENT CONTROL COURT, TRIVANDRUM. EXT.P6; COY OF THE NOTICE IN L.A.C. NO. 394 OF 2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. EXT.P7: COPY OF THE SALE DEED NO.571 OF 1992 DATED 7.2.1992. EXT.P8; COY OF THE SALE DEED NO.572 OF 1992 DATED 7.2.1992. EXT.P9; COPY OF THE SALE DEED NO.573 OF 1992 DATED 7.2.1992. EXT.P10; COPY OF THE SALE DEED NO.574 OF 1992 DATED 7.2.1992. EXT.P11; COPY OF THE SALE DEED NO.2404 OF 1992 DATED 15.6.1992. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 3293 of 2008 ---------------------------------- Dated this the 4th day of July , 2008 JUDGMENT The Deputy Collector, L.A.A., Thiruvananthapuram, is impleaded suo motu as additional 4th respondent in this writ petition. The Registry will carry out corrections in the cause title. 2. The grievance of the petitioners is that because of certain frivolous claims and objections raised by respondents 1 and 2 over their properties having an extent of 0.00.57 hecters acquired for the purpose of widening of Pongumoodu - Medical College Ulloor road, the additional 4th respondent - the Land Acquisition Officer is not paying award amount coming to Rs.22,239.54 to the petitioners. It is conceded by the Government that as per the revenue records the acquired property stands registered in the name of the petitioners only. It is stated that because of the claims submitted by respondents 1 and 2 only, it was decided initially that the amounts would be deposited under Section 31(2) before the Court. The amount is now held in revenue deposit pursuant to the direction by this court that the amount should not be deposited under Section 3 1 (2) of the Act. WPC No. 3293/2008 2 Exts.P1 , P2, P3 ,P5 and also the judgment of this court in F.A. O. No.297/2005 give strong support to the claim of the petitioners that they are the absolute owners entitled to the compensation for the acquired property and that respondents 1 and 2 have no legitimate claim whatsoever over the properties. Even though notice was served on respondents 1 and 2 by special messenger deputed by this court they have not entered appearance in response to the notice. Probably they would have realised that in the teeth of the documents which includes several courts' judgments it will be difficult for them to substantiate their claims over the property. Under these circumstances, I am of the view that the award amount should be paid to the petitioners. I therefore, dispose of this writ petition issuing the following directions; i). Respondents 3 and 4 and the additional 4th respondent are directed to see that the total amount of Rs.2,22,040/- awarded in the joint names of the petitioners and the first respondent on 19.7.2007 in L.A.C. 394/2006 be released to the petitioners within two weeks of their making available a copy of this judgment. ii). After the cheque issued by the additional 4th respondent pursuant to the above direction is encashed by the petitioners, the petitioners will inform the first respondent of such encashment WPC No. 3293/2008 3 immediately by registered post with acknowledgment due. PIUS C. KURIAKOSE JUDGE dpk