IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 348 of 2011(P) ------------------------ PETITIONERS: --------------- 1. GOPALAN NAIR, AGED 68 YEARS, S/O.PARAMESHWARAN NAIR, KALA BHAVAN, PERUNAD MURI & VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. MOHANAN PILLAI.C.S., AGED 53 YEARS, S/O.SIVARAMA PILLAI, CHERUKOICKAL VEETTIL, PERUNAD MURI & VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. MR.V.SETHUNATH MR.PRAKASH KESAVAN RESPONDENTS: --------------- 1. THE RANNI-PERUNAD GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PERUNAD P.O., PIN 689711, PATHANAMTHITTA DISTRICT. 2. THE RANNI-PERUNAD GRAMA PANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT, PERUNAD P.O.,PIN 689711, PATHANAMTHITTA DISTRICT. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, PATHANAMTHITTA, PIN 689645. 4. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN 689645. 5. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO LOCAL ADMINISTRATION DEPARTMENT, GOVT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM, PIN 695001. GOVERNMENT PLEADER MR.BIJU MEENATTOOR FOR R3-5 MR.PHILIP M.VARUGHESE FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 348 of 2011(P) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PERUNAD DTD. 10.3.2010. EXT.P2: TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PERUNAD DTD. 21.2.2008. EXT.P3: LETTERS ISSUED BY R1 DTD. 22.4.2005. EXT.P4: AGREEMENT ENTERED INTO BY THE 2ND PETITIONER AND R1. EXT.P5: RECEIPTS ISSUED FROM THE OFFICE OF R4 DTD. 5.3.2010. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.348 Of 2011 ---------------------- Dated this the 31st day of October, 2011. J U D G M E N T The writ petition is filed seeking to quash Exts.P3, P4 and for a direction commanding the respondents to disburse compensation as per the market value of the land to the petitioners within a time frame to be fixed by this Court and for other incidental reliefs. 2. Petitioners contend that the properties of the petitioners were taken possession illegally without issuing notice under the Land Acquisition Act and that the respondents have not paid compensation as provided by law. It is pointed out that the properties were taken possession by the 1st respondent and the properties were converted into a public road. 3. In the counter affidavit filed by the 1st respondent Panchayath it is stated that the 1st respondent negotiated for purchase of the land in possession and enjoyment of the petitioners on payment of reasonable market value prevailing in the locality in the year 2004-2005. It is stated that the ::2:: W.P.(C).No.348 Of 2011 petitioners surrendered their property with their free volition and will and that the respondent is taking efforts to settle the dispute by paying the land value at market rate. It is stated that the petitioners are free to claim market value by producing appropriate documents executed before the SRO, Perunad, within one year of 2005, in order to substantiate his claim. The statement of the 1st respondent is recorded. 4. The petitioners are at liberty to produce the relevant documents in support of their claim for market value of the property. The 1st respondent shall pass orders and disburse the amount within a period of two months from the date of production of the documents by the petitioners in support of their claim for market value of the properties. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-