IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29923 of 2008(K) -------------------------- PETITIONERS: --------------- 1. KEREN SUSAN NESTY, W/O.NESTY ITTY VLAKATHU,AGED 25 YRS,CHEERAMATTOM HOUSE,MALAM.P.O, KOTTAYAM DISTRICT,(NOW WORKING AT AL-DHOW(A1-SAYER GROUP)SAFAT.P.O,KUWAIT).REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY HOLDER MRS.SHEELA MATHEW. 2. KESSIA SARA MATHEW, D/O.SHEELA MATHEW, AGED 25 YEARS,VATTAMALA HOUSE,MANARKADU VILLAGE, KOTTAYAM DISTRICT (NOW WORKING AT SREE SIDDHARTHA COLLEGE OF NURSING, B.H.ROAD, AGALAKOT,THUMKUR, KARNATAKA)REPRESENTED BY HER MOTHER AND POWER OF ATTORNEY HOLDER MRS.SHEELA MATHEW. 3. ESTHER MAHIMA MATHEW, D/O.LATE JACOB MATHEW, AGED 11 YEARS, (D.O.B-22/11/97)-VATTAMALA HOUSE, MANARAKADU.P.O, MANARKADU VILLAGE, ' KOTTAYAM DISTRICT-686019).REPRESENTED BY HER MOTHER AND GUARDIAN MRS.SHEELA MATHEW. BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS RESPONDENTS: --------------- 1.STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM. 2.THE DISTRICT COLLECTOR, KOTTAYAM. 3.THE SPECIAL TAHSILDAR, LA (GENERAL), KOTTAYAM. 4.MANARKAD GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MANARKAD, KOTTAYAM. R1 TO R3 BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29923 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 14th October, 2008 JUDGMENT The petitioners are sisters of the petitioner in W.P.C.No.15697/08 which was disposed of by me turning down most of the grounds raised, but directing the Land Acquisition Officer to facilitate a reference under Section 18 of the question of determining correct compensation for the acquired property. Though my judgment was appealed against, the Division Bench passing Ext.P7 judgment confirmed my judgment, however granting two more months from the date of the judgment, i.e. 14.7.2008 to the appellant for filing application for reference under Section 18. In the teeth of the finality attained by my judgment in W.P.C.No.15697/08 and the judgment of the Division Bench in W.A.No.1463/08 and the judgments in a few other Writ Petitions where the land acquisition proceedings pertaining to the very same vegetable market were under challenge, the only relief which the petitioners can aspire for is the relief which is granted to the appellant in Ext.P7 judgment. Accordingly, I dispose of the Writ Petition issuing the following directions: If the petitioners make an application under Section 18 before the third respondent for a reference of the question of determination W.P.C.No.29923/08 - 2 - of the correct compensation payable to them for their acquired properties within five weeks from today, that application will be favourably considered by the third respondent and he will make a reference under Section 18 to the competent reference court without delay. srd PIUS C.KURIAKOSE, JUDGE