IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 11127 of 2006(Y) -------------------------- PETITIONER: ------------ 1. NAZEERA MUHAMMED, D/O.LATE AMEENA, AGED 51 YEARS, VALIYAPARAMBIL THAIPPARAMBIL, PONNURUNNI, VYTTILA, ERNAKULAM DISTRICT. 2. DR.NAJEEBA RIYAS, D/O.LATE AMEENA, AGED 49 YEARS, RESIDING AT ARAKKAL HOUSE, CHALAPPURAM, KOZHIKODE. 3. DR.NOUFAL MUHAMMED,S/O.MUHAMMED, AGED 47 YEARS, THLIPARMBIL HOUSE,PONNORUNNI, POONITHURA VILLAGE,REP. BY POWER OF ATTORNEY HOLDER,REP. BY SULEKHA BEEVI,AGED 70 YEARS, W/O.DR.K.P.MUHAMMED BABU,PARAYIRIKKAL XL/979, T.D.ROAD,ERNAKULAM, KOCHI-11. BY ADV. SRI.MATHEWS K.PHILIP RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. SPECIAL TAHSILDAR (L.A), KOCHI REFINARIES LTD., VYTTILA-19. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.11127 OF 2006 EXT.P1 TRUE COPY OF THE POWER OF ATTORNEY HOLDER EXECUTED BY THE THIRD PETITIONER IN FAVOUR OF SMT.SULEKHA BEEVI EXT.P2 TRUE COPY OF THE CLAIM STATEMENT SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT. EXT.P3 TRUE COPY OF THE JUDGMENT IN L.A.R.NO.2/2004 ON THE FILE OF SUB COURT, ERNAKULAM EXT.P4 TRUE COPY OF THE REFERENCE APPLICATION FILED UNDER SECTION 18 OF THE LAND ACQUISITION ACT. EXT.P5 TRUE COPY OF THE FORM FOR REFERENCE TO COURT MADE BY THE SECOND RESPONDENT TO THE SUB COURT ERNAKULAM /True Copy/ PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.11127 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2008 JUDGMENT Adv.Sri.Arun Raj, advocate seeks adjournment on behalf of Sri.Mathews.K.Philip. Very persuasively he submitted that he is not posted with the facts of the case and hence is not able to make any effective submissions in the case. 2. After hearing Mr.Mathews.K.Philip, counsel for the petitioners, I had on 20/6/2008 passed the following interim order; “Learned counsel for the petitioners asserted before me that Ext.P4 application for reference was actually submitted on behalf of the petitioners before the Land Acquisition Officer. The Land Acquisition Officer is directed to make available the file relating to the acquisition case. Post after three weeks.” 3. Thereafter the file was brought over to this court by Smt.Latha Thankappan, learned Government Pleader. Sri.Mathews was permitted to go through the entire file. Sri.Mathews submitted before me on 05/08/2008 that he was able to go through the file and that the file does not contain any sign of the petitioners' having WPC.No.11127/06 2 submitted application for reference under section 18. 4. The following are the prayers sought for in the writ petition; “ A writ of mandamus or any other appropriate writ, order or direction compelling the respondents to refer the matter in respect of award No.1/2004 in LAC.No.39/1998 to the Sub Court under section 18 of the Land Acquisition Act for proper adjudication with regard the claim of the petitioners as prayed in Ext.P4 reference application.” Since it is apparent that the petitioners never applied for a reference to the court under section 18 of the question of determination of the correct compensation payable for their acquired property, petitioners cannot be granted the prayers sought for in the writ petition. Writ Petition will stand dismissed. However, it is made clear that this judgment will not stand in the way of the petitioners applying under section 28A of the Land Acquisition Act for re-determination of the compensation on the basis of any relevant court judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11127/06 2