IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 29649 of 2006(D) -------------------------- PETITIONER: ------------ ANEESH.V.V., S/O.VASU, VELLARAMTHADATHIL HOUSE, PADINJARATHARA P.O., WAYANAD. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR, LAND ACQUISITION, KALPETTA, WYNAD DISTRICT. 2. GEORGE DEVASSIA, VELIYATH HOUSE, MANANTHAVADY, WYNAD DISTRICT. BY ADV. SRI.VIJU ABRAHAM FOR R2 SRI.BENOY K.KADAVAN FOR R2 SRI.JOY C. PAUL FOR R2 R1 BY GOVT. PLEADER SMT. LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: EXT.P1 TRUE COPY of the SETTLEMENT DEED EXECUTED BY SRI.KUNJAN IN FAVOUR OF THE PETITIONER'S FATHER VASU. EXT.P2 TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE sUB REGISTRAR OF BIRTH AND DEATH OF PADINJARATHARA GRAMA PANCHAYAT ON 18-2-2000 RELATING TO THE DEATH OF SRI.KUNJAN, THE GRANDFATHER OF THE PETITIONER. EXT.P3 TRUE COPY OF THE OUT PATIENT MEDICAL RECORD ISSUED WITH RESPECT TO THE PETITIONER'S FATHER BY THE INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES, KUTHIRAVATTOM, KOZHIKODE. EXT.P4 TRUE EXTRACT OF THE TENDER NOTIFICATION NO.HR.3689/02 DATED 7-8- 03. EXT.P5 TRUE COPY OF THE NOTICE DATED 3-10-06 ISSUED UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT 1894. EXT.P6 TRUE COPY OF THE STATEMENT DATED 26-10-06 SAID TOHAVE BEEN MADE BEFORE THE 1ST RESPONDENT. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 29649 OF 2006 ----------------------------------------------- Dated this the 29th day of May, 2008 J U D G M E N T The prayer in this writ petition is that the compensation for 50 cents of land in survey No.438/1A1A1 (Re. sy. No. 62/3) of Padinjarathara Village in Vythiri Taluk may not be paid by the first respondent Land Acquisition Officer to the second respondent and that the amount be paid to the petitioner being legal heir of his father Vasu who was the original owner. The learned counsel for the second respondent submitted that the compensation amount has already been released by the first respondent to the second respondent on the strength of a document of sale executed in favour of the second respondent in execution of a decree for specific performance of contract for sale of the property in question. Learned Government Pleader has placed before me the written instructions received by him which will show that the submission of the counsel for the second respondent is correct. The Government Pleader also placed before me a copy of sale deed No. 2786/95 executed by the Judge in O.S.17/92 of the Subordinate Judge's Court, Sulthan Bathery in favour of the second respondent. I am convinced on my perusal of the copy of the above sale deed that the stand of the second respondent is a correct WP(C)N0.29649/07 -2- one. The writ petition has become infructuous in the sense that the money has already disbursed to the second respondent and the same is dismissed. However, it is made clear that the judgment dismissing this writ petition will not stand in the way of petitioner seeking remedy from a competent civil court against second respondent or anybody else if so advised. (PIUS C.KURIAKOSE, JUDGE) ksv/-