IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WA.No. 143 of 2009 -------------- -------------------- AGAINST THE JUDGEMENT IN WPC.37008/2008 Dated 05/01/2009 .................... APPELLANTS/PETITIONERS IN WPC: ---------------------------------------------------- 1. NOUSHAD, AGED 42, S/O.ALIYAR KUNJU, PUTHUPURACKAL MANNEL, AYIRAMTHENGU, ALUMPEEDIKA P.O., ALAPPAD. 2. SHAMSAD, S/O.LATE ABDUL MAJEED, AGED 35, BIJU MANZIL, AYIRAMTHENGU, ALUMPEEDIKA P.O., ALAPPAD. 3. BABU, S/O.MADHAVAN, PARABHRAMAM, AYIRAMTHENGU, ALUMPEEDIKA P.O., ALAPPAD. 4. MRS.MANI, W/O.LATE SURENDRAN, JETTY VADAKUTHIL, AYIRAMTHENGU, ALUMPEEDIKA P.O., ALAPPAD. BY ADV. SMT.R.RANJINI RESPONDENTS/RESPONDENTS IN WPC: ----------------------------------------------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. EXECUTIVE ENGINEER, KERALA STATE P.W.D. ROADS DIVISION, KERALA PUBLIC WORKS DEPARTMENT, KOLLAM. 3. ALAPPAD PANCHAYATH, ALAPPAD, KARUNAGAPPALLY, REPRESENTED BY ITS SECRETARY. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LAND AND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A. No. 143 of 2009 ------------------------------------------ Dated, this the 10th day of June, 2009 JUDGMENT Kurian Joseph, J. Appellants are the petitioners in the writ petition. The writ petitioners approached this Court mainly with the following prayer: “Call for the records leading to File No.A 96771/05, maintained in the office of the 2nd respondent and which relates to the issue of rehousing the petitioners and payment of compensation for the damages caused to the building of the petitioners, on account of construction of 'Aazhikal - Ayiramthengu Palam crossing the Kayamkulam Kayal, National watercourse.” 2. There are other prayers as well. The learned Single Judge disposed of the writ petition directing the petitioners to seek their remedy before appropriate forum. When the writ appeal came up before us earlier, we directed the Government to disburse the amount of compensation as assessed by them. Today we are informed that the W.A.No.143 of 2009 - 2 - compensation amount as assessed by the Government has already been paid to the appellants. It is submitted that the appellants are not satisfied with the compensation as assessed and paid to them. Therefore, in view of the judgment of the Supreme Court in the case of Smt.Nilabati Behera alias Lalita Behera v. State of Orissa and others (AIR 1993 SC 1960), it is prayed that liberty may be reserved to the appellants to approach the civil court for enhancement of compensation. Without prejudice to the liberty of the appellants to approach the civil court in view of the judgment of the Supreme Court, this writ appeal is disposed of. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns