IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30979 of 2008(K) -------------------------- PETITIONER(S): 1 ---------------- JOYKUMAR N.K., S/O KRISHNAN, KRISHNA, ATTUKAL COMPOUND, KARIYAM, SREEKARIYAM, THIRUVANANTHAPURAM, REPRSENTED THROUGH HIS POWER OF ATTORNEY HOLDER, AJITH KUMAR N.K., S/O KRISHNAN, DO....DO.... BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. SPECIAL TAHSILDAR, ADDITIONAL LAND ACQUISITION UNIT, VANCHIYOOR PO.,THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.D.ANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.30979 of 2008 ------------------------ Dated this the 21st day of October, 2008 JUDGMENT The main prayer which the petitioner makes in this case is that the land acquisition officer be directed to change the category of his properties proposed to be acquired to a higher category. According to Sri. G.Sudheer, the learned counsel for the petitioner, the award enquiry is only going on and no award has been passed. The learned senior Government Pleader Sri.Anil Kumar submits that he is yet to get instructions as to whether award has been passed. 2. Under the above circumstances, accepting the submissions of Sri.Sudheer, I dispose of this writ petition issuing the following directions; If award has not yet been passed by the 2nd respondent in respect of the properties belonging to the petitioner, the 2nd respondent will hear the petitioner on his request for change of category for the purpose of market value determination. On the basis of such hearing, decision will be taken and then only award WPC.No.30979/2008 2 will be passed. It is made clear that if award is passed, the petitioner will have to ventilate his grievance before the reference court in a reference under Section 18 which may be made at his instance. (PIUS.C.KURIAKOSE,JUDGE) dpk