IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 35796 of 2010(Y) ------------------------- PETITIONER : -------------------- LANAPPAN JOHNY, S/O.LONAPPAN, AGED 62 YEARS, OLIYAPURATHU, ANGAMALY KARA BY ADV. SRI.BIJU ABRAHAM RESPONDENT : ---------------------- STATE OF KERALA, REP.BY SPECIAL TAHSILDAR (LA) NO.II, ALUVA P.O., 683 101. BY GOVT. PLEADER SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.35796 of 2010 ------------------------------- Dated this the 22nd day of December, 2010 J U D G M E N T The main grievance voiced by the petitioner in this writ petition is that Exts.P6, P7 and P8 notices were not served on him for the reason that he was abroad during the relevant time and the house was lying locked, and therefore, he could not participate in the award enquiry held on 27.9.2010. The petitioner states that he left India on 31.7.2010 to join his son abroad and returned to India only on 9.11.2010. He further submits that as he was not put on notice, he could not participate in the award enquiry and put forward his contentions. In this writ petition, the petitioner mainly prays for a direction to the respondents to afford him an opportunity to put forward his contentions in the matter of determination of the compensation. 2. The learned Government Pleader appearing for the respondents, on instructions, submitted that as on today, the Award has not been passed, though the draft award has been submitted for approval to the District Collector. It is also stated that the possession of the land has already been handed over to the requisitioning authority. In such circumstances, as the Award has not been passed, I am of the opinion that the Land Acquisition Officer should afford the W.P.(C) No.35796 of 2010 2 petitioner an opportunity to put forward his contentions regarding the compensation which he is entitled to receive. I accordingly dispose of the writ petition with a direction to the Land Acquisition Officer, viz., the Special Tahsildar (LA), N.H.No.II, Aluva to issue notice to the petitioner by registered post and afford him an opportunity of being heard, before passing the Award, pursuant to the section 4(1) notification published in the Kerala Gazette Extraordinary No.2422 dated 23.12.2009. The petitioner shall co-operate with the Award enquiry and shall produce the documents which he chooses to rely on in support of his claim for compensation on the day fixed for Award enquiry. P.N. RAVINDRAN, JUDGE. nj.