IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 3503 of 2010(K) ------------------------- PETITIONER(S): --------------- T.V.JOHN, AGED 49 YEARS, S/O.VARKEY, THEKKINEYATH HOUSE, MATTAKKUZHI, VARIKOL P.O., THIRUVANIYOOR VILLAGE, PUTHENCRUZ, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM. 2. SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD., VYTTILA AT TRIPUNITHURA- 682301. 3. BPCL KOCHI REFINERIES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BPCL KOCHI REFINERIES BUILDING, MARADU P.O., ERNAKULAM DISTRICT. ADV. SRI.E.K.NANDAKUMAR FOR R3 SRI.A.K.JAYASANKAR NAMBIAR FOR R3 SRI.K.JOHN MATHAI FOR R3 SRI.P.BENNY THOMAS FOR R3 SRI.P.GOPINATH FOR R3 GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, ALONG WITH WPC NO. 3540 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). Nos.3503/2010-K and 3540/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of April, 2010 J U D G M E N T In these two writ petitions, the petitioners have challenged the action taken by the Land Acquisition Officer under Section 31 of the Land Acquisition Act. 2. The property in question is acquired for the purpose of the third respondent. On getting instructions the learned Government Pleader submitted that reference has obviously been made with regard to the dispute regarding the title. Hence it cannot be found fault with. 3. The petitioners have thereafter filed separate inter locutory applications, namely, I.A.No.4826/2010 in W.P.(C).No.3503/2010 and I.A.No.4806/2010 in W.P.(C). No.3540/2010, for a direction to transfer the amount to the State Bank of Travancore, Puthencruz or any other nationalised Bank so as to fetch interest. Ext.P8 produced in W.P.(C).No.3503/2010 and Ext.P10 produced in W.P.(C). No.3540/2010 are the letters issued to the petitioners by the Special Tahsildar (LA) stating that the respective award amounts have been deposited in the Sub Court. The said prayer is only reasonable. There will be a direction to the Sub Court, North Paravur to transfer the amounts as W.P.(C). Nos.3503/2010 & 3540/2010 -:2:- Court deposits to the Branch of S.B.T, Puthencruz so as to fetch interest on the deposits. 4. The petitioners have also moved for reference under Section 18 of the Land Acquisition Act and the copies of the reference applications have been produced as Exts.P9 and P10 in W.P.(C).No.3503/2010 and Exts.P12 and P13 in W.P.(C).No.3540/2010. It is upto to the Land Acquisition Officer to take action as enjoined by law on the reference applications. There will be a direction to the Sub Court, North Paravur to proceed with the reference under Section 31(2) of the Land Acquisition Act expeditiously. The writ petitions are accordingly disposed of. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE