IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 10354 of 2010 (T) -------------------------- ( LAR.33/2002 of II ADDL.SUB COURT,THRISSUR) .................... PETITIONER: -------------------- P.J.CICILY, W/O.K.R.VARGHESE, KANJIRATHINGAL HOUSE, OLARIKKARA DESOM, PULLAZHI VILLAGE, THRISSUR REPRESENTED BY MUKTHYAR AGENT, K.V.RAJAN, S/O.LATE K.R.VARGHESE, -DO-. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------------------ 1. KERALA STATE, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR-2. 2. SPECIAL TAHSILDAR (LA), THRISSUR MUNCIPALITY, THRISSUR-1. 3. THRISSUR CORPORATION, REPRESENTED BY SECRETARY, THRISSUR CORPORATION, THRISSUR-1. BY GOVERNMENT PLEADER SRI.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.09.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10354 of 2010 (T) -------------------------- APPENDIX PETITIONER'S EXHIBITS. EXT.P1. COPY OF THE DECREE IN L.A.R. 33/02 DATED 21.8.2006. EXT.P2. COPY OF E.P. 53/07 DATED 1.1.2007. EXT.P3. COPY OF E.A. 741/2009, DATED 2.7.2009. EXT.P4. COPY OF THE POWER OF ATTORNEY DATED 13.6.2000 EXT.P5. COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.RAJESH KRISHNAN, SANTHI NURSING HOME, PUNNAYURKULAM. EXT.P6. COPY OF THE CHEQUE APPLICATION NO.37/09 DATED 2.7.2009. EXT.P7. COPY OF THE ORDER DATED 7.7.09 IN CHEQUE APPLICATION NO.37/09. RESPOBNDENTS EXHIBITS : NIL. P.S. TO JUDGEMENT / TRUE COPY / VK P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 10354 OF 2010 -------------------------- Dated this the 24thday of September, 2010 J U D G M E N T Ext.P7 order passed by the Court of the II Additional Sub Judge, Thrissur dismissing E.A. 37 of 2009 in E.P. 53 of 2007 in L.A.R. 33 of 2002 is under challenge in this writ petition. By that order, the court below dismissed Ext.P6 application submitted by the petitioner for the issuance of a cheque in her name. The court below held that in view of the official memorandum issued by this Court, cheques can be issued in Land Acquisition Reference Cases only in the names of the parties. 2. The prayer in Ext.P6 was to issue a cheque in the name of the petitioner, who is only the power of attorney holder and the daughter of the claimant. The official memorandum dated 12.2.1996 issued by this Court directs all the Subordinate Judicial Officers to issue cheques in Land Acquisition Reference cases only in the name of the party. In such circumstances, the order passed by the court below cannot be WPC No.10354/2010 2 said to be illegal. The challenge to Ext.P7 is therefore without any merit. The writ petition fails and is accordingly dismissed with the observation that it will be open to the claimant to apply for the issuance of a cheque drawn in her name to be delivered over to the power of attorney holder. In the event of such an application being filed, the court below shall dispose of the same expeditiously. P.N.RAVINDRAN, (JUDGE) vps