IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 5403 of 2011(A) ---------------------------------- PETITIONER: -------------------- SRI.JACOB KURIEN , S/O. KURIEN, PALLIMALIL HOUSE, KOTHAMANGALAM POST, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADVS. SRI.P.V.SANTHOSH JOSE SRI.M.G.KARTHIKEYAN SRI.P.J.FRANCIS SMT.DIVYA B.NAIR RESPONDENTS: ---------------------- 1. THE STATE OF KERALA,REP.BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT- 682 030 3. THE TAHSILDAR, KOTHAMANGALAM, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, THE LAND ACQUISITION OFFICER, KOTHAMANGALAM- 686 691. 4. THE ASST.EXECUTIVE ENGINEER, PWD ROADS DIVISION,KOTHAMANGALAM, ERNAKULAM DISTRICT- 686 691. BY GOVERNMENT PLEADER ADV.SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5403 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2011 J U D G M E N T The petitioner claims to be the owner of 57.5 cents of land and a house comprised in Survey Nos.1022/1, 1022/6B & 1264/4A of Kothamangalam Village. This writ petition has been filed seeking to issue a writ of mandamus commanding respondents 2 and 3 to pass award fixing the value of the land and the improvements of the petitioner's property without any further delay and also for a direction to the respondents to pay reasonable compensation for the land and improvements before taking possession. 2. When this matter is taken up for consideration today, the learned Government Pleader, on instructions, submitted that an extent of 03.84 ares of land comprised in Survey No.1022/6B-7 and an extent of 08.10 ares of land in Survey No.1022/1-3 of Kothamangalam Village alone was acquired for the purpose of construction of Thankalam-Kozhippilly New Bye Pass road. The land was taken in possession in advance on 14.10.2009 and the award was passed on 25.01.2011 and further it is submitted that since the petitioner has failed to prove the title of the property in Survey No.1022/6B, award was passed directing payment of compensation for acquisition of 08.10 ares of land W.P.(C)No. 5403 of 2011 -2- in Survey No.1022/1 to the petitioner and to deposit compensation in respect of 3.84 of land in Survey No.1022/6B, before the Sub Court, Muvattupuzha under Sec.31(2) of the Land Acquisition Act. It is further submitted by the learned Government Pleader that the intimation of the award has already been issued to the petitioner. 3. In the said circumstances, the learned counsel appearing for the petitioner submitted that petitioner may be given opportunity to raise his grievances including making a request under Section 31(2) of the Land Acquisition Act for reference, if required, in view of the submissions made by the learned Government Pleader. It will be open to the petitioner to approach the respondents and to resort to all the remedies available under the Land Acquisition Act to redress his grievances relating to the acquisition in question including request under Section 31(2) and also to request for reference, under Section 18, in accordance with law. Subject to the said observations, this writ petition is closed. Sd/- C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK