IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 26671 of 2009(D) -------------------------- PETITIONER(S): --------------- K.R.JAYAPRAKASH, PADMA SREE, PERUNNA EAST, CHANGANASSERY. BY ADV. SMT.VANAJA MADHAVAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE EXECUTIVE ENGINEER, P.W.D.ROAD DIVISION, KOTTAYAM. 3. THE DISTRICT COLLECTOR, KOTTAYAM. 4. THE DISTRICT SURVEY SUPERINTENDENT, KOTTAYAM. 5. SMT.BABY CHANDA PILLAI, W/O.LATE VARGHESE CHANDAPILLAI KOLATH PUTHENCHIRA HOUSE, PERUNNA EAST KARA, CHANGANASSERY. R1 TO R4 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.26671 OF 2009 ------------------------------------------- Dated this the 19th day of October, 2009 JUDGMENT The petitioner submits that an extent of 10.50 cents was acquired from him for the purpose of Changanacherry Bye Pass and an award was passed on 10.10.2007. He says that on 10.9.2009, the survey has been shifted and survey stone laid in such a manner depriving him of a further extent of 2 cents. The petitioner seeks redressal of this grievance in writ jurisdiction. While the petitioner points out also that he has filed Ext.P3 before the Survey Superintendent, I am clear in my mind that the adjudication of the grievance in question has necessarily to be through the competent authority under the Land Acquisition Act, including the civil court on a proper reference, if needed. Therefore, it is ordered that if Ext.P3 is received and pending, the 4th respondent will issue an order thereon, after causing appropriate site inspection and after calling for the relevant file, so that, if there is any dispute regarding the extent under WPC.26671/09 Page numbers acquisition, that could also be raised in the reference pending before the reference court. This writ petition is ordered accordingly, without entering on merits. Let such order in terms of this judgment be issued by the 4th respondent within one month from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.20/10.