IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 5559 of 2010(T) ------------------------- PETITIONER: --------------- T.P.MEMI, S/O.MOOSAN HAJI, THAYALE PURAYIL HOUSE, G.H.S.ROAD, IRIKKUR P.O., KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER SRI.LIJO KURIAN JOSE RESPONDENT(S): --------------- 1. KERALA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA), THUMBA, ST.XAVIER'S COLLEGE P.O., TRIVANDRUM - 695 586 REPRESENTED BY THE MANAGING DIRECTOR. 2. THE DEPUTY COLLECTOR (LAND ACQUISITION) KANNUR AIRPORT, KANNUR. 3. THE SPECIAL THASILDAR, LAND ACQUISITION, THALASSERY, KANNUR DISTRICT. 4. I.C.D.S.LTD, MANIPAL, REPRESENTED BY IT'S BRANCH MANAGER, KOUSER COMMERCIAL COMPLEX, CALTEX JUNCTION, KANNUR - 670 002. SR.G.P. SHRI P.N.SANTHOSH FOR R1 TO R3 ADV. SRI.S.R.DAYANANDA PRABHU FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.5559 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF MARCH, 2010 J U D G M E N T The petitioner is aggrieved by the stand taken by the 1st respondent with regard to the payment of compensation for acquiring the land for establishment of the Airport at Kannur. The petitioner is the owner and having possession of 1.96 Acres of land in R.S.No.107/3 of Kizhallur Village in Kannur District. 2. The petitioner had availed a loan from the 4th respondent which was defaulted and arbitration proceedings, A.P.No.3/1998 was initiated and an award was passed on 5.4.1998 against the petitioner and his surety. To execute the award, E.P.No.109/2003 was filed before the District Court for attachment of sale of the above item of property. The property was sold in court auction and the 4th respondent purchased the property. Thereafter, a settlement was arrived at and the petitioner remitted the entire amount to the 4th respondent on 14.8.2008, which is evident by Exhibit P1 receipt. The 4th respondent has already filed E.A.No.88/2008 in E.P.No.7/2008 stating that the parties have settled the matter. Exhibit P2 is the copy of the memo. By Exhibit P3, the court below reported full satisfaction of the decree amount. W.P.(C)No.5559/10 -2- 3. Notification for acquisition was published on 22.8.2007 and a notice was issued by the 3rd respondent in the matter. 4. Presently, the 1st respondent is not disbursing the compensation to the petitioner, in spite of fixing the amount as per the negotiation between the parties. The objection is that the said property has already been sold by the execution court. It is in these circumstances that the petitioner has filed this Writ Petition, seeking for appropriate directions in the matter. 5. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the 1st respondent as also the learned Standing Counsel for the 4th respondent and the learned Government Pleader. 6. A suggestion was made during the course of the hearing that the petitioner and the 4th respondent will join together for executing the sale deed, so that the matter could be settled. Today, the learned counsel for the first respondent submitted that if the sale certificate is set aside and the property is reverted back to the petitioner, there can be no objection for disbursing the amount to the petitioner. 7. In that view of the matter, the Writ Petition is disposed of W.P.(C)No.5559/10 -3- directing the petitioner as well as the 4th respondent to file appropriate execution application before the District Court, Thalassery for cancelling the sale certificate in view of the compromise between the said parties. If an application is filed, the same will be disposed of without delay by the District Court. Depending upon the outcome, the petitioner can make appropriate application for getting the amount of compensation before the 1st respondent by producing the copy of the proceedings of the District Court. Thereafter the amount of compensation will be disbursed to the petitioner in accordance with law. On production of the documents by the petitioner, the 1st respondent will release the amount. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn