IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 34990 of 2007(M) -------------------------- PETITIONER: ------------ O.K.PRABHAKARAN, S/O.K.KUNHIRAMAN, OZHIKANDATHIL, KOTTY, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION, N.H.ROAD, KANNUR. BY SR.GOVT. PLEADER SRI.BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 34990/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF NOTICE BEARING REF.NO.R.1765/05, DATED 3.2.2007 ISSUED BY THE RESPONDENT. EXT.P2 TRUE COPY OF LAWYER NOTICE DATED 1.3.2007 ISSUED BY THE PETITIONER TO THE RESPONDENT AND DISTRICT COLLECTOR. EXT.P2(a) TRUE COPY OF POSTAL RECEIPT EXT.P2 DATED 3.3.2007 EXT.P3 TRUE COPY OF LAWYER NOTICE DATED 11.4.2007 TO THE RESPONDENT. EXT.P3(a) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD DATED 13.4.2007. EXT.P4 TRUE COPY OF LAWYER NOTICE SENT BY THE PETITIONER TO THE RESPONDENT DATED 25.6.2007. EXT.P4(a) TRUE COPY OF A/D CARD RECEIVED BY THE RESPONDENT DATED 30.10.2007. RESPONDENT'S EXHIBITS: NIL //true copy// P.A. To Judge. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.34990 of 2007 ------------------------------- Dated this the 8th February, 2008. J U D G M E N T The main grievance of the petitioner in the writ petition is that though a larger extent of property was acquired and had taken possession, the award is passed for a lesser extent. 2. The respondent has filed a counter affidavit contending that only the property shown in the award was taken possession of. In the counter, it is admitted that petitioner had filed a petition under Section 18, as well as under Section 31(2) of the Land Acquisition Act, for referring the matter to the competent civil court, for considering the enhancement of compensation, as also the dispute regarding the extent of land. So, I am of the view that it is a matter for the Civil Court to consider and take a decision regarding the actual extent acquired, for which pleading and evidence are necessary. W.P.(C) No.34990/2007 2 Accordingly, the writ petition is disposed of with a direction to the Land Acquisition Officer to refer the matter to the competent Civil Court for considering the question of enhancement and also the dispute regarding the extent of land. K.PADMANABHAN NAIR, JUDGE nj.