IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 1207 of 2009(R) ------------------------------- PETITIONER: -------------- VASU THOTTATHIL, S/O.CHANDUKUTTY NAMBIAR, 'JYOTHIS', KARA - PERAVOOR P.O. MATTANNUR (VIA), KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------------ 1. STATE OF KERALA - REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.1207 OF 2009 ---------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT Certain properties belonging to the petitioner have been acquired for the Kannur Airport by the Government. Though, according to the petitioner, as per his title deeds, the extent of land is two acres, the land acquisition authorities have measured the land as per which the extent is less than two acres. The petitioner submits that in so far as the Government has introduced a scheme of offering a package to the owners of acquired lands, a provision shall be introduced in that package for payment of compensation for the extent of land as per title deeds instead of actual extent acquired. Seeking such relief, the petitioner has filed Ext.P6 representation before the Government. The petitioner seeks a direction to the Government to consider Ext.P6 representation in that regard. 2. I have heard the learned Government Pleader also. The learned Government Pleader on instructions submits that such a provision cannot be incorporated in so far as the W.P.(c)No.1207/09 2 Government can pay compensation only for actual extent of land acquired. 3. I have considered the rival contentions in detail. I am of opinion that the Government cannot be directed to pay compensation for any portion of land which they have not actually received possession of pursuant to the acquisition. Simply because in that title deeds of the owners of the property a larger extent is mentioned. There is no law, which requires payment of compensation for any land other than the Government has taken possession of. Therefore, I do not find any merit in the claim of the petitioner. As such, I am not inclined to direct the Government to consider Ext.P6, in so far as the the petitioner has no legal right either for consideration of Ext.P6 representation or for payment of compensation in accordance with the extent mentioned in the title deeds. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.1207/09 3