IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 35812 of 2009(V) -------------------------- PETITIONER(S): ------------------ K.SUKUMARAN,S/O.KUNJAN,AGED 61 YEARS, RETIRED DEPUTY TAHSILDAR(REVENUE RECOVERY), NEDUMANGAD,TRIVANDRUM(RESIDING AT SINI LAND, MUDAKKAL,VENJARAMOODU,TRIVANDRUM-695607). BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM. 2. THE ACCOUNTANT GENERAL(A & E )KERALA, TRIVANDRUM. 3. THE LAND REVENUE COMMISSIONE, TRIVANDRUM. 4. THE DISTRICT COLLECTOR,TRIVANDRUM. 5. THE TAHSILDAR,NEDUMANGAD,TRIVANDRUM. 6. THE TAHSILDAR(REVENUE RECOVERY), NEDUMANGAD,TRIVANDRUM. SR.GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 35812 OF 2009 (V) ===================== Dated this the 15th day of December, 2009 J U D G M E N T Petitioner retired as Deputy Tahsildar (Revenue Recovery) from Nedumangad on 31/1/2004. While the petitioner was working as a Valuation Assistant at Collectorate, Thiruvananthapuram, pursuant to Ext.P3, he conducted valuation of 2.88.55 hectares of land, fixing the land value at Rs.31,126/- per cent. Accordingly land acquisition proceedings were completed, award was passed and compensation was paid. 2. In connection with the above, on the allegation of excess valuation, petitioner was placed under suspension and it was while continuing on suspension, that the petitioner attained the age of superannuation and retired from service. It is stated that the owners of the land had approached the Reference Court by filing LAR Nos.8/01 and 9/01 resulting in Ext.P4 common judgment by which the Reference Court awarded Rs.98,800/- each per are. Thereupon the District Collector addressed the 1st respondent informing that no financial loss has been sustained, but despite that, even as on date, the pension, commutted value WPC 35812/09 :2 : of pension and DCRG have not been released to the petitioner. 3. These facts are not in dispute and in fact, this Court has also confirmed the judgment of the Reference Court in the judgment in LAA No.309/09, which has been taken note of in the judgment in WP(C) No.15067/09. That writ petition was filed by the person, who was working as Assistant Secretary of Survey and Land Records at the time when the aforesaid land acquisition proceedings were initiated. Taking note of the facts as noticed above, that writ petition was disposed of by judgment dated 7/12/2009 directing that the entire pensionary benefits, DCRG and other benefits shall be released to the petitioner. In this case also, facts being similar, there is no reason to take a view different from the view already taken by this Court. Therefore, the writ petition is disposed of directing the respondents to disburse the pension, commutted value and DCRG to the petitioner. ANTONY DOMINIC, JUDGE Rp