IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 RP.No. 998 of 2008(G) --------------------- AGAINST THE JUDGEMENT IN WPC.25476/2007 Dated 20/06/2008 .................... REVIEW PETITIONERS:PETITIONERS ---------------------------------------- 1. K.P.VARGHESE, KOLUTHARA HOUSE, KOVILVATTOM DESOM T.D.ROAD, ERNAKULAM. 2. PAUL VARGHESE, MINOR, REP. BY REETHAMMA PAULOSE, GUARDIAN KOLUTHARA HOUSE, KOVILVATTOM DESOM T.D.ROAD, ERNAKULAM. BY ADV. SRI.T.M.ABDUL LATIFF RESPONDENTS:RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. SUPERINTENDING ENGINEER, NATIONAL HIGHWAY-17, OFFICE OF THE SUPERINTENDING ENGINEER, NH.17, TRICHUR. 4. SPECIAL TAHSILDAR, LAND ACQUISITION, NATIONAL HIGHWAY NO.3, VYTTILA, COCHIN-19. BY GOVT. PLEADER MR.BENNY VARGHESE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.998 of 2008 in W.P.(C) No.25476 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 7th October, 2008 ORDER Heard both sides. It is conceded by the learned Government Pleader that even before the Writ Petition was disposed of, the petitioner had filed application under Section 18 seeking a reference of the determination of the correct compensation for the acquired properties. The Government Pleader further submitted that there will not be any difficulty to act on that application and to make a reference. As regards the time sought for by the petitioners for shifting their business, the Government Pleader submitted that the Government is very stiffly opposing the above request since after passage of the award proceedings under Section 47 have been initiated since widening of NH 17 is an emergent need as has been found by this court. Learned counsel for the review petitioners submitted that the need of widening the road can be accomplished only if properties belonging to others (the properties which was the subject matter of O.P.No.12801/2000) are also taken possession of. Therefore, learned counsel requested that till such time as those properties are taken over, the Government shall not insist that the R.P.No.998/08 - 2 - petitioners surrender possession. Having considered the submissions, I am inclined to dispose of the Review Petition issuing the following directions: 1.The 4th respondent is directed to make a reference under Section 18 of the Land Acquisition Act to the competent civil court of the question of determination of the correct compensation payable to the petitioners properties, if such a reference is not already made, within three weeks of receiving copy of this order. 2.The respondents are directed not to take any coercive action for compelling the petitioners to vacate the premises for a period of one month from today subject to the following condition: The petitioners will submit an undertaking before the 4th respondent stating that petitioners will peacefully surrender the premises covered by the award within one month. Failing the filing of such affidavit, the petitioners will not be entitled for relief No.2. Disposed of as above. No costs. srd PIUS C.KURIAKOSE, JUDGE