IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 2982 of 2009(E) ------------------------- PETITIONER(S): --------------- 1. THRESSIA W/O. VARGHESE , RESIDING AT CHAMMANIKKODATH HOUSE, KORAMPADM, KOTHAD. 2. M.J. JOSEPH, S/O. JUSE, RESIDING AT MDATHIPARAMBIL HOUSE, KORAMPADAM, KOTHAD. 3. N.A. ANSON, S/O. ANTONY, RESIDING AT NAYATTIL HOUSE, KORAMPADAM, KOTHAD. 4. P.T. FRANCIS, S/O. THOMAS, RESIDING AT PANAKKAL HOUSE, KORAMPADAM, KOTHAD. BY ADV. MR.SIBY MATHEW MR.B.PREMNATH (E) MS.LAKSHMI.V. MR.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSLDAR (LAND ACQUSITION RAILWAY), VALLARPADOM INTERNATIONAL CONTAINER TRANSSHIPMENT TERMINAL PROJECT, ELOOR. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.2982 OF 2009 ---------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioners are persons whose properties have been acquired for the Vallarpadam International Container Transhipment Terminal Project. The Government declared a rehabilitation package for those persons whose dwelling houses have been acquired, as per which the evicted persons would be given some alternate land as well as some money for shifting. The petitioners' grievance in this writ petition is that although the petitioners have been included in the list of persons eligible for the rehabilitation package, they are not being given the 'patta' for the property allotted to them on the ground that the question as to the title to the property has been referred for adjudication to the Court under Section 31(1) of the Land Acquisition Act. The petitioners, therefore, seek the following reliefs: “i) issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to allot the land as per the rehabilitation packages viz. Ext.P3 and to issue pattas W.P.(c)No.2982/09 2 for the land offered as per Ext.P7; ii) Issue a Declaration that the petitioners are entitled to the benefits of Exts.P1 to P3 packages and are entitled to allotment of land as per Ext.P7”. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. The questions as to whether the petitioners have title to the property in question and whether they are persons entitled to receive compensation themselves are in dispute, which dispute is pending reference under Section 31(1) of the Land Acquisition Act. The learned Government Pleader also points out that certain civil suits are also pending in respect of title. In the above circumstances, without first deciding that dispute, I do not think that the petitioners can be given the benefit of rehabilitation package in so far as it would lead to complications if ultimately it is found that the petitioners do not have title to the properties and they are not entitled to compensation. Therefore, without prejudice to the right of the petitioners to agitate this issue again as and when the dispute W.P.(c)No.2982/09 3 regarding title is finally settled under Section 31(1) of the Land Acquisition Act or in the civil suits, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd