IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 21402 of 2008(W) -------------------------- PETITIONER: ------------ 1. PRESTEENA XAVIER, CHACKALAYKAL, CHERANELLOOR, VADUTHALA 2. P.R.JOSEPH, PAYYAPPILLIL HOUSE COCHIN -23 3. M.G.BALAN, MADATHIPARAMBIL,CHERANELLOOR VADUTHALA 4. M.G.RAJAPPAN, MADATHIPARAMBIL, CHERANELLOOR, VADUTHALA 5. M.G.VIJAYAN, MADATHIPARAMBIL, CHERANELLOOR, VADUTHALA 6. V.J.JUSTINE THOMAS VADAKAKATH HOUSE, CHERANELLOOR, VADUTHALA BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR ERNAKULAM 3. THE SPECIAL TAHSILDAR (LA) RAILWAYS, ERNAKULAM, KOCHI 682 016. BY SR.GOVT. PLEADER SRI.D.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.21402 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2008 JUDGMENT As directed by me, Government Pleader has filed the statement of instructions given to him by the land acquisition officer. On going through that statement, it is seen that the properties which were acquired from all the petitioners were vacant properties. This means that the petitioners cannot legitimately aspire for rehabilitation benefits. They have a further prayer that though rehabilitation benefits have not been extended, they should be awarded land value at the rates fixed under the DLPC scheme. This according to me is an aspect which they can highlight before the reference court in the event of a reference under section 18 is being initiated at their instance. It is stated in paragraph 3 of the writ petition that option statement regarding acceptance of DLPC rates was submitted by the petitioners on condition that if DLPC rates are extended to them, they will not press the reference applications submitted by them. Under the above circumstances, even as I decline the reliefs WPC.No.21402/08 2 sought for in the writ petition on the reason that none of them are evictees from dwelling houses, there will be a direction to the third respondent to dispose of the applications if any already filed by them under section 18 seeking reference to the court of the question of determination of the correct compensation as if all those applications have been filed on time. Once the application under section 18 filed by the petitioners are favourably considered and the matter reaches the reference court, it will be open to the petitioners to raise all claims including their claims that they are also entitled for land value at the rates given to those persons who were eligible for the DLPC scheme. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.21402/08 2