IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24429 of 2011(C) -------------------------- PETITIONER: --------------- M.SARASAN, S/O.KUNHURAMAN, "SREELAKSHMI", CHEMBILODE AMSOM, CHALA KIZHAKKEKKARA DESOM, POST CHALA. BY ADV. MR.SERGI JOSEPH THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001. 2. THE DISTRICT COLLECTOR, KANNUR DISTRICT-675002. 3. THE SPECIAL TAHSILDAR (LA), KANNUR-679002. GOVERNMENT PLEADER MR.ABDUL SALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24429 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: DOCUMENT NO.2541/95 OF SRO, KADACHIRA. EXT.P2: SECTION 12(2) NOTICE NO.B1586/97 DTD. NIL ISSUED BY R3. EXT.P3: NOTICE IN THE SECTION 30 REFERENCE IN L.A.R.NO.49/1999. EXT.P4: COMMUNICATION DTD. 22.9.1999 ISSUED BY R3 SPECIAL TAHSILDAR. EXT.P5: JUDGMENT DTD. 19.5.2005 IN W.P.(C).NO.32002/2004 OF THIS COURT. EXT.P6: AWARD NOTICE DTD. 16.2.2009 ISSUED BY R3. EXT.P7: STATEMENT FILED BY THE PETITIONER BEFORE THE SUB COURT, THALASERY IN L.A.R.NO.166/2010. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.24429 Of 2011 ---------------------- Dated this the 7th day of September, 2011. J U D G M E N T The writ petition is filed seeking for a direction commanding the Sub Court, Thalassery to consider the claim for enhanced compensation in the light of Ext.P1 title deed and Ext.P7 counter statement of the petitioner. 2. L.A.R.No.166/2010 is pending before the Sub Court, Thalassery in which the petitioner is the claimant. The claimant sought reference being aggrieved by the award passed by the 3rd respondent. The reference was made at the instance of the petitioner who claims that the award amount is inadequate and does not reflect the real value of the land. The petitioner intend to produce the oral and documentary evidence in support of his claim for enhanced compensation. The matter is pending before the Sub Court, Thalassery. At this stage, it is not known for what purpose, the petitioner approached this Court for the aforesaid reliefs. The petitioner in advance apprehend that while considering the claim for enhanced compensation the learned ::2:: W.P.(C).No.24429 Of 2011 judge may not consider Ext.P1 title deed and Ext.P7 counter statement and therefore a direction is sought from this Court to consider the aforesaid documents also while passing the award. The apprehension of the petitioner is unfounded and without any basis. It is for the reference court to consider the material placed before it for the purpose of adjudicating the question of adequacy of the compensation. I do not find that the petitioner has made out any ground for issuing a direction like the one sought for. The writ petition is devoid of any merit and accordingly, dismissed. HARUN-UL-RASHID, Judge. bkn/-