IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 12551 of 2008(T) -------------------------- PETITIONER: ------------ 1. A.VELAYUDHAN PILLAI, S/O A.ARUMUGHUM PILLAI, AGED 68, RESIDING AT 'KOKILA', PALKULANGARA, TRIVANDRUM , PARTNER, HOTEL ARULAKOM, THAMPANOOR, TRIVANDRUM. 2. A.S.SIVAN, S/O ARUMIGHUM PILLAI, AGED 58, T.C.29/906, PALKULANGARA, TRIVANDRUM, PARTNER, HOTEL ARULAKOM, THAMPANOOR, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION(GENERAL), TRIVANDRUM. 3. VIJAYALEKSHMI, TC 29/904/1, CHEMBAKA JUNCTION, PALKULANGARA, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.12551 OF 2008 PETITIONER'S EXHIBTS EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.249/2001 ON THE FILE OF THE PRL. SUB COURT, TRIVANDRUM EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THESE PETITIONERS IN O.S.NO.249/2001 ON THE FILE OF THE PRL.SUB COURT, TRIVANDRUM EXT.P3 TRUE COPY OF THE PETITION FILED BEFORE THE SPL.TAHSILDAR BY PETITIONERS ON 26-3-2007 EXT.P4 TRUE COPY OF THE PETITION FILED BEFORE THE SPL. TAHSILDAR DATED 26-3-2007 CLAIMING COMPENSATION FOR THE BUILDING. EXT.P5 TRUE COPY OF THE PETITION CLAIMING JUST COMPENSATION. EXT.P6 TRUE COPY OF THE AWARD NOTICE DATED 14-4-2007 EXT.P7 TRUE COPY OF THE NOTICE DTD. 17-4-2007 ISSUED BY THE SPL. TAHSILDAR. TRIVANDRUM EXT.P8 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE SPL. TAHSILDAR, TRIVANDRUM ON 18-5-07 EXT.P9 TRUE COPY OF THE ACKOWLEDGEMENT RECEIPTS OF EXT.P8 EXT.P10 TRUE COPY OF THE PETITION FOR REFERENCE UNDER SECTION 31(2) OF THE LAND ACQUISITION ACT REGARDING THE SHARE OF COMPENSATION ALLOWED TO THIRD RESPONDENT. EXT.P11 TRUE COPY OF THE ACKOWLEDGEMENT RECEIPTS OF EXT.P10 /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.12551 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 JUDGMENT This writ petition has been filed by petitioners who claim to be owners of the property which has been acquired under Ext.P7 award and partners of a business by name “ Hotel Arulakam” which is being continued even now in the remainder portion of the acquired property. The Land Acquisition Officer passed Ext.P7 award in favour of the petitioners and the third respondent jointly on the reason that as per the revenue records the third respondent who is the sister of the petitioners is also a co-owner. But the third respondent inspite of receiving notice from the Land Acquisition Officer did not submit any claim over the acquired property while the petitioners maintained through their claim that they alone are entitled for the entire compensation for the acquired property since the third respondent does not have any interest over the property. The Land Acquisition Officer passed Ext.P7 award jointly ignoring the petitioners claim. Being aggrieved by Ext.P7, this writ petition has been filed praying that the Land Acquisition Officer be WPC.No.12551/08 2 directed to immediately pay 2/3 share in the compensation awarded as per Ext.P7 to the petitioners and that the question of entitlement of the remaining 1/3 be referred to the Land Acquisition Court invoking Section 31 of the Land Acquisition Act. 2. The Land Acquisition Officer has filed a detailed counter affidavit and along with the same the Thandaper extract pertaining to the property has been produced. Going by the Thandaper extract, the property stands in the joint names of the petitioners and the third respondent. According to the counter affidavit, Ext.P7 award having been passed already, it is not possible now to release 2/3 of the award amount to the petitioners since award once passed cannot be modified nor can the award amount be apportioned. The whole amount can be paid in lump only if all the three land owners approach the Land Acquisition Officer jointly. It will be noticed immediately that though notice was issued to the third respondent from this court she refused to accept the said notice. This gives credence to the case of the petitioners that the third respondent does not have any sustainable claims over the award amount. At any rate, I have no difficulty in accepting the WPC.No.12551/08 3 submission of Sri.G.S.Raghunath that the third respondent cannot have any claim over 2/3 of the award amount in Ext.P7 which is due to the petitioners alone. The dispute if at all can only be regarding 1/3 of the amount. The stand taken by the Land Acquisition Officer is a technical one which may be justifiable in view of the provisions of the Land Acquisition Manual which are binding on him. But at the same time, having regard to considerations of justice and the irrefutable position that the petitioners are entitled for at least 2/3 of the amount mentioned in Ext.P7, I find that there is justification for directing the Land Acquisition Officer to release 2/3 of the award amount under Ext.P7 to the petitioners immediately. 3. Under the above circumstances, I dispose of the writ petition issuing the following directions: Second respondent is directed to release immediately to each of the petitioners 1/3 of the total amount awarded under Ext.P7. Release as directed above shall be made at the earliest and at any rate within one month of receiving copy of this judgment. Thereafter the remainder 1/3 shall be deposited by the second respondent before the WPC.No.12551/08 4 Subordinate Judge's Court, Thiruvananthapuram and a reference under Section 31(2) will be drawn up and sent to that court so as to enable that court to issue notice to the petitioners and to the third respondent and to settle the dispute over that 1/3 portion. Needful in that regard shall be done by the second respondent without undue delay and at any rate within two months of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.12551/08 5