IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 WP(C).No. 22733 of 2009(J) -------------------------- LAR.186/2006 of SUB COURT, MUVATTUPUZHA .................... PETITIONER(S): --------------- MATHEW JAMES,CHETTOOR HOUSE,PERINGAZHA, MUVATTUPUZHA. BY ADV. SRI.C.A.SADASIVAN SRI.S.ABU BAKER KUNJU SRI.JOY P.JOSE SRI.RAMAN JANARDHANAN SRI.C.G.RADHAKRISHNA PILLAI SRI.SOJAN MATHEW SRI.J.T.KURUP RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER,M.V.I.P.DIVISION NO.III,MUVATTUPUZHA. 3. THE SPECIAL TAHSILDAR(LA),M.V.I.P., KOOTHATTUKULAM. By GP I V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22733 OF 2009 ............................................ DATED THIS THE 27TH DAY OF AUGUST, 2009 JUDGMENT This writ petition is filed seeking two sets of reliefs. An item of land was acquired from the petitioner. That was for the purpose of a water way. The Land Acquisition Court awarded enhanced compensation on reference. That award is challenged on the ground that severence compensation and other such questions have not been considered by the reference court. On 11.8.2009, for reasons stated in the order issued on that day, I had rejected the relief No.(a) outright, preserving the right of the petitioner to seek relief by way of Land Acquisition Appeal. 2. The second limb of the grievance is that after the acquisition and formation of the water way, the portions of the land of the petitioner, left with him after the acquisition, is not appropriately secured by the Government, resulting in slipping of land into the water way. It is also contended that the petitioner is deprived of a right of passage to the remaining portion. In so far as these contentions are concerned, the learned Government Wpc 22733/2009 2 Pleader, on instructions, state that steps were constructed and a slab was provided. This court cannot sit in judgment on the rectification measures taken or that are needed to be taken. The petitioner, if so advised, will make a representation to the second respondent, who will consider the request of the petitioner and ensure that the land acquired is demarcated appropriately and necessary steps are taken to redress any grievance of the petitioner in relation to the alleged slipping of land and the requirement for a right of way. If the petitioner make such a representation on the strength of this judgment, that will be considered and a decision taken within a period of one month from now and if any measure is proposed, that will be carried out within a further period of one month. Writ petition ordered accordingly, leaving open all other issues. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8