IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 24527 of 2009(I) -------------------------- PETITIONER(S): ---------------------- STATE BANK OF INDIA, RASMECCC, 2ND FLOOR, RAVI'S ARACADE, NEAR IRON BRIDGE, KUTCHERY P.O., KOLLAM - 691 013 REPRESENTED BY THE ASST.GENERAL MANAGER. BY ADV. MR.GEORGE THOMAS (MEVADA) RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION OFFICE (LA-1), LAND ACQUISITION OFFICE, CIVIL STATION, KOLLAM - 3. 3. THE VILLAGE OFFICER, PARAVOOR VILLAGE, PARAVOOR, KOLLAM DT. 4. MR.SALEEM, S/O.JEHUFFERKUTTY, RESIDING AT SILMI VEEDU, KILIKOLLOOR CHERRY, KILIKOLLOOR P.O., 5. M/S.THOIBA CASHEW TRADERS, BLDG.NO.KP-XI/466, KILIKOLLOOR, KOLLAM, REP. BY MR.SALEEM. 6. MR.DILEEP, S/O.MUHAMMEDKUNJU, RESIDING AT SILMI VEEDU, KILIKOLLOOR CHERRY, KILIKOLLOOR.P.O. 7. MRS.MAJEEDA BEEVI, D/O.AABIDA BEEVI, RESIDING AT SILMI VEEDU, KILIKOLLOOR CHERRY, KILIKOLLOOR.P.O. KOLLAM. WP(C) NO. 24527/2009-I 8. MR.MOHANAN, S/O.DAMODARAN, RESIDING AT 'LILLY COTTAGE', KURUMANDAL CHERRY, PARAVOOR VILLAGE, KOLLAM DISTRICT. 9. MRS.LILLY, D/O.SUBHADRA, RESIDING AT 'LILLY COTTAGE', KURUMANDAL CHERRY, PARAVOOR VILLAGE, KOLLAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.24527 of 2009-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2009. JUDGMENT 1.Notice to respondents 4 to 9 dispensed with preserving their right to seek rehearing of this writ petition, if aggrieved. Learned Government Pleader appears for respondents 1 to 3. 2.The petitioner State Bank of India says that it has equitable mortgage in its favour, created by deposit of title deeds. The mortgaged property, thereafter, fell for acquisition under the Land Acquisition Act, 1894. A mortgagee is a person interested for the purpose of claiming the whole or part of the amount that would be paid as compensation and to make an application for reference under Section 18 of the LA Act. Essentially, therefore, the petitioner was a person entitled to be heard by the Collector WP(C)24527/2009 -: 2 :- while passing the award. But the Collector, obviously, had no information about the equitable mortgage since, unfortunately, even now the law in India does not oblige a public declaration or registration of the equitable mortgage by deposit of title deeds and there would be no lawful measure or mode by which a bona fide exercise could be carried out seeking information about such an equitable mortgage. 3.Be that as it may, when the petitioner bank approached the Collector under the LA Act, in my view, it was incumbent on the Collector to have immediately taken stock of the facts and considered making a reference to the civil court on the question of the apportionment; as also the request of the bank that the compensation be enhanced. The impugned Exts.P11 and P12 have been issued on the premise that the application under Section 18 of the LA Act has not been made within the time limit of six months from the date of the notice under Section 12(2) or the date of the WP(C)24527/2009 -: 3 :- award. Such a yardstick could not have been applied because the petitioner bank who was not before the Collector and was not notified of the award. For the aforesaid reasons, Exts.P11 and P12 are quashed and it is directed that respondents 1 and 2 will ensure that any request of the petitioner already made, or that may be made, for reference under Section 18 or Section 31 of the LA Act is promptly taken up and action taken in accordance with law. No amount in deposit shall be released until the aforesaid decision is taken. The petitioner will be entitled to place a copy of this judgment also before the Sub Court before which any reference is pending in relation to the land in question. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070909