IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 29146 of 2010(P) --------------------------------- PETITIONER(S): ------------------- ELSAMMA JOHN, PONNATTIL HOUSE, AMBAYATHODU P.O., NELLIYODI, KOTTIYOOR, KANNUR DISTRICT, PIN 670 651. BY ADVS. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 675001. 2. THE DIRECTOR OF SURVEY & LAND RECORDS, VAZHUTHAKKAD, THIRUVANANTHAPURAM- 675010. 3. THE DISTRICT COLLECTOR, KANNUR, PIN 670 001. 4. THE DIVISIONAL FOREST OFFICER, KANNUR 670 001. 5. THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR (LA), THALASSERY- 670101. R1-2 BY GOVT. PLEADER SRI.P.M.POULOSE, FOREST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 29146/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DOCUMENT NO.49/1985 DATED 09/01/1985 OF S.R.O., PERAVOOR. P2: COPY OF THE CERTIFICATE OF PURCHASE NO.5473/76 ISSUED BY THE LAND TRIBUNAL, MANATHANA. P3: COPY OF LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER ON 03/08/2009. P4: COPY OF ORDER DATED 16/10/2008 IN O.P.NO.30494/2000. P5: COPY OF NOTIFICATION PUBLISHED IN THE MATHRUBHOOMI DAILY DATED 29/01/2010. P6: COPY OF NOTICE IN FORM NO.4(a) ISSUED ON 15/03/2010 RECEIVED BY THIS DEPONENT. P7: COPY OF THE SURVEY SKETCH PREPARED PURSUANT TO EXTS. P5 AND P. P8: COPY OF COMPLAINT FILED BEFORE THE 2ND RESPONDENT. P9: COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT. P10: COPY OF COMMUNICATION OF THE VALUATION OFFICER ADDRESSED TO THE DY. TAHSILDAR (L.A.) P11: COPY OF COMMUNICATION NO. 2594/09 DATED 16/09/2010 OF THE D.F.O., KANNUR ADDRESSED TO THE DISTRICT COLLECTOR, KANNUR. RESPONDENT'S EXHIBITS NIL /TRUE COPY P.A. TO JUDGE svs/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29146 OF 2010 -------------------------- Dated this the 30th day of November, 2010 J U D G M E N T The petitioner owns 3 acres of land in Re-Survey No.2606 of Kottiyoor Village, Thalassery Taluk, Kannur District. The said land has been notified for acquisition as per the original of Ext.P5 notification dated 29.1.2010 issued under section 4(1) of the Land Acquisition Act 1894. After Ext.P5 notification was issued, the petitioner filed Ext.P8 representation before the Director of Survey and Land Records with a copy to the District Collector, Kannur pointing out that if the survey of the lands made by the forest department is relied on for the purpose of acquisition, it would result in the writ petitioner being deprived of the compensation in respect of one acre of land. In Ext.P8, the petitioner requested the second respondent to order a survey of her lands along with other lands in the locality. In this writ petition, the petitioner seeks a direction to the second respondent to consider the request in Ext.P8 representation and to make appropriate corrections in the survey sketch, which was prepared for the purpose of acquiring the lands notified as per Ext.P5. 2. The grievance voiced by the petitioner is that if the survey sketch newly prepared for the purpose of the acquisition is relied on, the petitioner will be denied compensation for approximately one acre of land for the reason that in the new survey sketch, nearly one acre of WPC No.29146/2010 2 petitioner's land is shown as forest land. The main grievance of the petitioner is that the sketch newly prepared does not tally with the survey sketch prepared way back in the year 1976. In my opinion, this is an issue which the petitioner can raise if she is denied compensation for the entirety of her holding by making a request under section 18 of the Land Acquisition Act before the Land Acquisition Officer to refer the dispute to the civil court. The reference court can go into the question as to whether the entire extent of three acres of land situated in Re-Survey No.2606 of Kottiyoor Village has been included in the acquisition and whether the petitioner is entitled to compensation for the entire holding. In such circumstances, I find no grounds to direct the second respondent to consider the request made in Ext.P8 or to keep this writ petition pending. I accordingly dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with her to raise all the contentions raised in this writ petition before the Land Acquisition Officer and the Reference Court. P.N.RAVINDRAN, (JUDGE) vps WPC No.29146/2010 3 WPC No.29146/2010 4