IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 19568 of 2007(D) -------------------------- PETITIONER: ------------ EMMANUEL MANI, PALACKAL HOUSE, KANJIRAMATTOM POST, KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RAJAN RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), KOTTAYAM. 3. THE DIRECTOR, CENTRE FOR CONTINUING EDUCATION, KERALA, THAMPANOOR, THIRUVANANTHAPURAM-1. BY ADV. SRI.RAM MOHAN.G. FOR R3 SRI.G.P.SHINOD FOR R3 SRI.MANU V. FOR R3 SRI.SURESH.S. FOR R3 GOVERNMENT PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT NO REPRESENTATION FOR THE PETITIONER TODAY ALSO. THIS WRIT PETITION IS DISMISSED FOR DEFAULT. 30.6.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A.TO JUDGE. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19568 OF 2007 (D) -------------------------------------------------- Dated this the 14th day of January, 2010 J U D G M E N T Petitioner submits that one acre of land situated in Sy. No.191/8 of Block No.48 of Chenglam East Village was acquired for the purpose of establishing K.R. Narayanan Institute of Visual Science and Arts. Ext.P2 is the award which shows that towards the value of the building, crops, trees etc, an amount of Rs.14,118/- was awarded. Petitioner submits that, there were 240 yielding rubber trees, 150 anjali trees, 12 coconut trees and two jack fruit trees. It is stated that by a reasonable stand, for the aforesaid trees itself, he should have been awarded a better compensation. In these circumstances, he contends that either the compensation for timber should be increased or at least he should be permitted to cut and remove the trees. 2. However, it is notice that the award was passed as early as on 28.4.2007 and according to the Government Pleader possession was taken over on 14.6.2007. It is also stated that, the institute for whose purpose the land was acquired has decided to retain the tree growth to maintain the beauty of the WPC.No.19568 /07 :2 : place. 3. As already stated, petitioner's prayer is that either compensation should be enhanced or he should be permitted to cut and remove the trees. If the petitioner is aggrieved by the compensation that is awarded, his remedy is to seek reference or redetermination of the compensation in the manner as provided in the Land Acquisition Act. In so far as the prayer for permitting him to cut and remove the timber is concerned, now that award has been passed, land has acquired and handed over to the requisitioning officer free from encumbrances, there is no question of allowing this prayer. In these circumstances, leaving it open to the petitioner to seek his remedies before the Land Acquisition Officer, if it is otherwise permissible, the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.19568 /07 :3 :