IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 11605 of 2007(F) -------------------------- PETITIONER: ------------ P.I.JOSE, AGED 55 YEARS, S/O. ISAAC, PUTHUSSERIL HOUSE, SOUTH MARADI, MARADI VILLAGE, MUVATTUPUZHA. BY ADV. SRI.M.V.PAULOSE RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE EXECUTIVE ENGINEER, K.S.T.P., TB JUNCTION, MUVATTUPUZHA. 3. THE SPECIAL TAHSILDAR, (L.A) NHI, KAKKANADU, ERNAKULAM. BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 11605/07) PETITIONER'S EXTS.: EXT.P1: PHOTOCOPY OF AWARD NOTICE NO.LAC/128/05 DATED 4.11.06 OF THE THIRD RESPONDENT. EXT.P2: PHOTOCOPY OF PETITIONER'S NOTICE DATED 16.2.2006. EXT.P3: PHOTOCOPY OF THE REPLY NUMBER KSTP/M/83/04 DATED 10.7.2006 OF THE 2ND RESPONDENT. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.11605 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 11th June, 2008 JUDGMENT The grievance of the petitioner is that though Ext.P2 request under Section 49(1) was submitted before the awarding officer at least 9 months prior to the passage of the award, the respondents have not chosen to acquire the whole of the petitioner's building. The Government Pleader on the basis of the counter affidavit would submit that what was acquired as per the award was not any portion of the building proper, but only a portion of the canopy. In other words, the controversy between the parties now seems to be whether the canopy portion of the building covered by the award forms part of the building for the purpose of Section 49(1) of the Act. I am of the view that the issue is covered by the second proviso to Section 49(1). I dispose of the Writ Petition directing the third respondent to refer the question as to whether the acquired canopy part of the building forms part of the main building for the purpose of Section 49(1) of the Land Acquisition Act to the Subordinate Judge's Court, Muvattupuzha. Reference as directed above will be sent by the third respondent to the court at the earliest and at any rate within one month of receiving copy of this judgment. It is made clear that this W.P.C.No.11605/07 - 2 - judgment will not stand in the way of the authorities taking possession of the property already covered by the award. srd PIUS C.KURIAKOSE, JUDGE