IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 13178 of 2009(N) -------------------------------------- PETITIONER: ------------------- PATTAKAL JOUHARATH, D/O.LATE KAVALLAL THANGAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. BY ADVS. MR.K.B.GANGESH, SMT.SMITHA CHATHANARAMBATH. RESPONDENTS: ------------------------ 1. THE LAND ACQUISITION COLLECTOR, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, COLLECTORATE, KAVARATTI ISLAND. 2. THE SUB DIVISIONAL OFFICER, ANDROTH ISLAND. 3. NALLAKOYA, KAVALLAL HOUSE, ANDROTH ISLAND, PIN-682551. 4. THANGAKOYA, -DO- 5. MUTHUBI, -DO- 6. SAYED MUHAMMEDKOYA, -DO- 7. KUNHIKOYA HAJI, -DO- 8. KOYA, -DO- W.P.(C). NO.13178/2009-N: 9. SAROMMABI, -DO- 10. KUNHIBI, -DO- 11. AYSHABI, -DO- 12. SHAIKOYA, -DO- 13. SAIBUNNI SABI, PUTHIYAPURA SAIBUNNISA MANZIL, ANDROTH ISLAND. 14. CHODATHKOYA, CHODATH HOUSE, ANDROTH ISLAND. R1 & R2 BY ADV. MR.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN., ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, P.RAMACHANDRAN (PALAKKAD), MR.S.S.HUSSAIN, MR.P.K.NIJOY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13178/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PUBLIC NOTICE DTD. 16/02/2008 ISSUED BY THE R.1. EXT.P.2: COPY OF THE DOCUMENT NO. 80/93 DTD. 03/09/93. EXT.P.3: COPY OF THE COMPLAINT DTD. 09/07/2008 PREFERRED BY THE PETITIONER TO THE ASSISTANT SETTLEMENT OFFICER, ANDROTH. EXT.P.4: COPY OF THE COMPLAINT DTD. 24/07/08 PREFERRED BY THE PETITIONER TO THE R.1. EXT.P.5: COPY OF THE COLLECTORATE AWARD F.NO.34/33/2007-LR DTD. 23/10/2008 WITH COVERING LETTER TO R.2. DTD. 23/09/09 AND THE RELEVANT PORTION OF ANNEXURE. EXT.P.6: COPY OF THE COMPLAINT DTD. 21/04/2009 PREFERRED BY THE PETITIONER TO R.2. EXT.P.7: COPY OF THE APPLICATION FOR REFERENCE PREFERRED BY THE PETITIONER TO THE R.1. DTD. 02/05/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.13178 of 2009-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of June, 2009. JUDGMENT Notice to respondents 3 to 14 dispensed with preserving their right to move for review of this judgment, if aggrieved. Respondents 1 and 2 are represented by standing counsel. Petitioner claims that she is entitled to the compensation for the acquisition of an item of property. According to her, respondents 3 to 14 have no right to that property. It appears that an award has been passed. Therefore, any request for reference or dispute as to the apportionment has to be taken note of and appropriate reference to court be made in accordance with the Land Acquisition Act, 1894. Therefore, it is ordered that taking note of Ext.P7 and any other material that may be placed, respondents 1 and 2 shall WP(C)13178/09 -: 2 :- ensure that the compensation amount is deposited in court and reference made in terms of the aforesaid Act. Any application for reference or enhancement of compensation, if received and pending in terms of law, shall also be duly acted upon. The writ petition is ordered accordingly leaving open all other issues. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050609