IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 11510 of 2008(T) -------------------------- PETITIONER: ------------ 1. JANAKI BHARATHI, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'RAREERAM', KURUMANDAL, PARAVUR P.O., KOLLAM. 2. SURENDRAN MOHAN, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'RAREERAM', KURUMANDAL, PARAVUR P.O., KOLLAM. 3. BHARATHI SULEKHA, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'RAREERAM', KURUMANDAL, PARAVUR P.O., KOLLAM. 4. SURENDRAN SUGATHAN, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'SUDHA BHAVAN, KUNEYIL, PARAVOOR P.O., KOLLAM. 5. BHARATHI SUDHARMINI POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'LEKSHMI', TC.16/1642, CRA 86, PATTOM P.O., THIRUVANANTHAPURAM-4. 6. SURENDRA RAJAN @ PRASANNA KUMAR, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT P.S.NIVAS, KURUMANDAL, PARAVOOR P.O., KOLLAM. 7. SURENDRAN KUNJUMON, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'SUDHA BHAVAN', KANIYARKONAM, POTHENCODE, THIRUVANANTHAPURAM. 8. SARADA BABY LAILA, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'KOTTARAM', BHARATHIYA VIDYA BHAVAN ROAD, KODUNGANNOOR P.O., VATTIYOORKKAVU, THIRUVANANTHAPURAM-13. 9. SARADA GEETHA KUMARI, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'GEETHAM', NEAR RAILWAY STATION, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM. 10. SARADA ANITHA KUMARI, POTTAKKUZHY VEEDU, MADATHUVILAKAMPAKUTHI, PATTOM VILLAGE, NOW RESIDING AT 'APSARA', NEAR GANDHI SMARAKOM, PERINGUZHY P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR (LA), COLLECTORATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 11510 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2008 JUDGMENT It appears to me that the petitioners are voicing a genuine grievance. Ext.P6 application for reference under Section 18 of the Land Acquisition Act was submitted by Smt.Nagaru Janaki, the mother of the first petitioner and the grandmother of the other petitioners seeking reference of the question of the correct compensation payable for the acquired properties described in Ext.P6 to a competent civil court. The grievance is that reference has not been made. Even though several chances were given, learned Government Pleader has not been able to get instructions regarding the status of Ext.P6. 2. Under these circumstances, I dispose of the writ petition issuing the following directions; The second respondent will immediately take up Ext.P6, consider the same in the light of the various grounds raised in the writ petition favourably and make a reference under Section 18 of the question regarding the correct compensation payable for the properties which WPC.No.11510/08 2 were acquired as per the award mentioned in Ext.P6. Needful in compliance with the above directions shall be done by the second respondent at the earliest and at any rate within one month of receiving copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.11510/08 2