IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 14485 of 2009(E) ------------------------------------- PETITIONER(S): --------------------- K.GEORGE VARGHESE, AGED 59, S/O.GEORGE, KOYIPPILLIL, PANYAKAZHIPU KARA, VIJAYAPURAM VILLAGE, BY POWER HOLDER K.O.PAILY, AGED 72, S/O.OUSEPH PAILY, KUNNATHU HOUSE, PUTHUSSERY ROAD, THRIPUNITHURA. BY ADV. MR.K.V.JAYACHANDRAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE SPECIAL THAHASILDAR LA (NH), CHANGANASSERY. 3. KERALA STATE TRANSPORT PROJECT (KSTP), BY EXECUTIVE ENGINEER, DIVISIONAL OFFICE, REST HOUSE COMPOUND, MUVATTUPUZHA, PIN-686 661. 4. THE KERALA STATE ELECTRICITY BOARD, KOTTAYAM (C) SECTION, REPRESENTED BY ITS EXECUTIVE ENGINEER. 5. VENUKUTTAN, S/O LATE THANKAPPAN, THADATHIL HOUSE, NATTAKAM VILLAGE, KOTTAYAM. 6. PRASANNAN, S/O. LATE THANKAPPAN, THADATHIL HOUSE, NATTAKAM VILLAGE, KOTTAYAM. R1 & R2 BY GOVERNMENT PLEADER MR.V. MANU. R4 BY ADV. MR.P.P. THAJUDEEN, SC, KSEB. R5 BY ADV. MR.MATHEW JOHN (K), MR.AJEESH K.SASI . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14485/2009-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AWARD DATED 05/04/2008 PASSED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE MAHAZAR DATED 28/07/2008. EXT.P3: COPY OF THE APPLICATION DATED 17/09/2008, BY PETITIONER TO DISBURSE THE AMOUNT. EXT.P4: COPY OF THE CERTIFICATE DATED 26/09/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE NOTICE DATED NIL ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE MINUTES OF THE MEETING DATED 25/10/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 10/02/2009, ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14485 OF 2009 ------------------------------------------- Dated this the 16th day of July, 2009 JUDGMENT An item of land with buildings standing thereon has been acquired from the petitioner for the purpose of a road. First and third respondents have agreed with the petitioner on the land value as also the total compensation to be paid, including for the structures standing in the property to be acquired. Mahazar has also been drawn up. Obviously therefore, payments has to be made in terms of that and the competent official respondents will be entitled to take possession of the property covered by the acquisition. The Government appears to be apprehensive about any amount that may be due to the KSEB or any other authority. When the land acquisition amounts are disbursed, any statutory charge payable to any of the authorities would not be the look out of the authority disbursing the amounts. It appears that the building that is being acquired is only part of a larger structure. In that event, any direction by the Government or the KSTP to the petitioner to dismantle the electricity connection or water WPC.14485/09 Page numbers connection cannot lead to the cutting of the supply to the remaining portion of the building. I say this in the context of the fact that the petitioner asserts that supply, if any, is taken by respondents 5 and 6, the tenants, in their individual capacity. If there is any controversy in this matter, it is for the Collector to resolve it or otherwise deposit the amount for appropriate apportionment, before the reference court. No other reliefs are called for. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/7.