IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 37280 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. N.KOMALAM @ KOMALAVALLY AMMA, PADINJAREKOCHIYIL, PERUNNA P.O., CHANGANASSERY. 2. B.SOMASEKHARAN, ADVOCATE, "MIDHILA", CHERTHALA. 3. B.CHANDRASEKHARAN, PADINJAREKOCHIYIL, PERUNNA P.O., CHANGANASSERY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.R.VARUN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOTTAYAM, PIN:686 OO2. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION (NATIONAL HIGHWAY), CHANGANASSERY, PIN 686 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 5.1.2009, THE COURT ON 09/01/2009, DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.37280 OF 2008 ------------------------ Dated this the 9 th day of January, 2009. JUDGMENT Petitioners state that 41 square meters of land belonging to them and comprised in Re.Survey No.227/34- 1 of Changanassery Village was acquired under the provisions of the Land Acquisition Act, for the purpose of widening M.C road. Ext.P1 is the notice of award and on its receipt, petitioners 1 and 3 submitted Ext.P2 application requesting the 2nd respondent to refer the dispute for adjudication to the Civil Court. By Ext.P3, they were informed by the 2nd respondent that the application made by them was not in the prescribed form and they were directed to submit reference application in the proper form. In so far as the 2nd petitioner is concerned, according to him he was not issued any notice of award and therefore on coming to know that petitioners 1 and 3 had made Ext.P2 WP(c).No.37280/08 2 application for enhanced compensation, the 2nd petitioner also submitted Ext.P4 seeking reference to the sub court. That was rejected by Ext.P5, on the ground that Ext.P4 application was made beyond the prescribed time limit. It is in these circumstances, this writ petition has been filed challenging Exts.P3 and P4. 2. When the writ petition came up for orders before this court on 17.12.2008, this court passed the following interim order. “The petitioners 1 and 3 are directed to submit reference applications in form No.22A in respect of Ext.P2 application already submitted within 10 days from today. If the petitioners 1 and 3 submit the application in form No.22A within the time stipulated above, the 2nd respondent will treat those applications as having been filed on the date on which Ext.P2 was submitted by petitioners 1 and 3 and favorably consider those applications and will make reference to the court under Section 18. The G.P is also directed to seek instructions from the 2nd respondent as to how notice under Section 12(2) was served on the 2nd petitioner.” WP(c).No.37280/08 3 3. When the matter came up for orders on 5.1.2009, the counsel for the petitioners and the Government Pleader submitted that, petitioners 1 and 3 have, in compliance with the aforesaid order passed by this court, submitted applications in form No.22A. In view of this, it is for the 2nd respondent to favourably consider those applications and make reference to the court under Section 18 of the Land Acquisition Act. In so far as the 2nd petitioner is concerned, on instructions the Government Pleader submitted that notice under Section 12(2) of the Act was not served on him. If that be the factual position, the rejection of Ext.P4 application made by the 2nd petitioner for reference to the court, on the ground that the said application was made beyond the time specified in the Act, is erroneous. For that reason Ext.P5 issued by the 2nd respondent will stand set aside. The 2nd respondent is therefore directed to refer the dispute raised by the 2nd petitioner as per Ext.P4 to the civil court, as required WP(c).No.37280/08 4 under Section 18 of the Land Acquisition Act. This shall be done as expeditiously as possible. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.37280/08 5