IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11430 of 2009(W) -------------------------- PETITIONER(S): --------------- GANGADATHAN, S/O.VELAYUDHAN, VALIYAPARAMBIL, MULAVUKADU, ERNAKULAM DISTRICT, KERALA STATE. BY ADV. MR.S.SHYAM MR.G.SUBRAMANIAN RESPONDENT(S): ------------------- 1. DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE, ERNAKULAM. 2. SPECIAL TAHSILDAR (LA), ICTT, VALLARPADAM, ELOOR, ERNAKULAM DISTRICT. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 11430 OF 2009 ---------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The petitioner raises to claims in this writ petition. First is for a direction to include the petitioner in a rehabilitation package declared by the Government in respect of persons whose dwelling houses have been acquired for the purpose of the project in question. The second is for a direction to refer the claim of the petitioner for enhanced compensation to the Court under Section 18 of the Land Acquisition Act. Both reliefs cannot be granted for the following reasons: 2. Admittedly, in respect of the title to the property acquired, there is a dispute, which has been referred for adjudication to the Court under Section 31 of the Land Acquisition Act. Therefore, until the question of title is decided, the petitioner cannot be given the benefit of rehabilitation package. As far as Section 18 reference is concerned, admittedly, the petitioner received the award notice in the first week of August 2008. The application for reference under Section W.P.(c)No,1143009 2 18, which is produced as Ext.P2 in the writ petition, dated 20.10.2008, was filed beyond the period of limitation prescribed under Section 18 of the Land Acquisition Act. Therefore, I do not find any merit in the writ petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No,1143009 3