IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 34464 of 2009(C) --------------------------------------- PETITIONERS: --------------------- 1. KALLIADAN JANARDHANAN NAMBIAR, S/O.NARAYANAN NAMBIAR, MANIKOTH HOUSE, P R NAGAR.P.O, VALIYAMBRA, MATTANNUR, TALASSERY, KANNUR. 2. PARAKKODAN IBRAHAM, S/O.LATE MOOSA, AGED 59, BUSINESS, PILAKANDY HOUSE, P R NAGAR.P.O, VALIYAMBRA, MATTANNUR, TALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.SERGI JOSEPH THOMAS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KANNUR. 2. SPECIAL TAHASILDAR (L.A), TALASSERY. 3. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, MATTANNUR, TALASSERY. R1 & R2 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R3 & R4 BY SMT.AMBIKA DEVI, SC, KWA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34464/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT AGREEMENT DTD. 21/03/2002 EXECUTED BY THE P.1. IN FAVOUR OF THE R.3. EXT.P.2: COPY OF THE NOTICE IN FORM NO. 4 (B) NO.567/2002 DTD. 23/09/2006 ISSUED BY THE R.2. EXT.P.3: COPY OF THE NOTICE NO. D567/02 DTD. 27/09/08 ISSUED BY THE R.2. EXT.P.4: COPY OF THE LAWYER NOTICE DTD. 21/08/09 ISSUED ON BEHALF OF THE PETITIONERS. EXT.P.5: COPY OF THE LETTER DTD. 08/09/2009 ISSUED BY THE R.2. EXT.P.6: COPY OF THE LETTER DTD. 16/09/2009 SENT BY THE R.1. EXT.P.7: COPY OF THE REPRESENTATION DATED 17/09/09 SUBMITTED BY THE PETITIONER. EXT.P.8: COPY OF THE LETTER DTD. 29/09/09 SENT BY THE R.2. EXT.P.9: COPY OF THE AWARD NOTICE DATED 14/10/2009 IN RESPECT OF THE P.1. EXT.P.10: COPY OF THE AWARD NOTICE DTD. 14/10/2009 IN RESPECT OF THE P.2. EXT.P.11: COPY OF THE SECTION 18 APPLICATION DTD. 23/10/09 FILED BY THE P.1. EXT.P.12: COPY OF THE SECTION 18 APPLICATION DTD 23/10/09 FILED BY THE P.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34464/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2010 J U D G M E N T The properties of the petitioners were acquired for the purpose of the third respondent-Kerala Water Authority. The fourth-respondent on behalf of the Water Authority took advance possession of the properties as evidenced by Ext.P1 agreement. The subsequent proceedings were continued and notice under Section 9(3) of the Land Acquisition Act was issued in the year 2008 which is evidenced by Ext.P3. Exts.P9 and P10 are the copies of the awards passed in the matter. 2. The grievance raised by the petitioners is that in Exts.P9 and P10, the second respondent has granted 12% interest only from the date of notification under Section 4 (1) of the Land Acquisition Act. It is also submitted that the land value awarded is very low. Therefore, they filed applications under Section 18 of the Land Acquisition Act as per Exts.P11 and P12 before the Land Acquisition Officer. The endorsements in Exts.P11 and P12 show that the same have been received by the Land Acquisition Officer. The main relief sought for in the writ petition is for a direction to disburse the interest from the date of taking possession of the land. W.P.(C). No.34464/2009 -:2:- 3. This is a matter the petitioner will have to agitate before the reference court. Therefore, there will be a direction to the first and second respondents to take appropriate action on Exts.P11 and P12 as enjoined by law for referring the matter to the Civil Court for adjudication and appropriate action will be taken within a period of one month from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms