IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27107 of 2008(B) -------------------------- PETITIONER: ------------ UMAIBA W/O. AZEES, AGED 43 YEARS RESIDING AT KOLLIYIL HOUSE, EDAVANAKKAD P.O., VACHACKAL, ERNAKULAM BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT (LAND ACQUISITION) SECRETARIAT, THIRUVANANTHAPURAM. 2. SPECIAL TAHSILDAR (LA), NH NO. 1, KAKKANADU. BY GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.27107 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of September, 2008 JUDGMENT The grievance of the petitioner is that the second respondent Land Acquisition Officer did not pay the compensation amount determined under Ext.P2 award to her directly. According to her, the second respondent was convinced that it was because of a patent mistake that the survey number of the property was wrongly mentioned in the title document. Therefore the second respondent could have paid the compensation directly ignoring the mistake in the survey number. But I find from Ext.P2 that the second respondent intends to send a reference under Section 31(2) to the Subordinate Judge's Court, Ernakulam since the title document produced by the petitioner did not convince him fully regarding the petitioner's entitlement for compensation. What is stated in Ext.P2 is that the amounts will be deposited in court. I am of the view that the action of the land acquisition officer cannot be faulted. I therefore, dispose of the writ petition issuing the following directions; WPC.No.27107/08 2 If the compensation amount due to the petitioner under Ext.P2 is not yet deposited in the Subordinate Judge's court, Ernakulam, the second respondent will make the deposit immediately i.e. at any rate within three weeks of receiving copy of this judgment. It is open to the petitioner to apply to the Subordinate Judge's Court to have an early disposal of the reference which will be registered on the basis of the request of the second respondent. In this context, the petitioner is permitted to produce copy of this judgment before the Subordinate Judge's Court, so that the court can expedite registration and disposal of the reference. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.27107/08 2