IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 22134 of 2006(I) -------------------------- PETITIONER: ------------ P.S.GOPINATHAN, PULLUKATE, 63/1585, S.R.M. ROAD, ERNAKULAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR (L.A.GENERAL), KAKKANADU, KOCHI-682 030. 3. INDIAN OIL CORPORATION LTD., PANAMPILLY NAGAR, ERNAKULAM, KOCHI-682 036, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. BY GOVERNMENT PLEADER SMT.LATHA.T.THANKAPPAN FOR R1&2 SRI.A.M.SHAFEEQUE,SC-IOC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF NOTICE DATED 13-1-1993 ISSUED BY THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF REPRESENTATION DATED 4-9-01 SUBMITTED BY THE PETITIONER BEFORE THE SPECIAL TAHSILDAR(LA), IBP EXT.P3 TRUE COPY OF THE REPLY DATED 19-9-01 SENT BY THE SPECIAL TAHSILDAR, IBP EXT.P4 TRUE COY OF THE JUDGMENT DATED 7-11-01 IN O.P.NO.32803/01 OF THIS COURT. EXT.P5 TRUE COPY OF NOTICE DATED 19-1-06 ISSUED BY THE DEPUTY COLLECTOR (LA), ERNAKULAM. RESPONDENT'S EXHIBITS EXT.R3(A) TRUE COPY OF THE LETTER DATED 31-12-2002 ISSUED BY SPECIAL TAHSILDAR (LA) GENERAL ERNAKULAM TO THE DISTRICT COLLECTOR, ERNAKULAM EXT.R3(B) TRUE COPY OF THE LETTER DATED 25-3-2002 ISSUED BY LAND ACQUISITION OFFICER. EXT.R4(C) TRUE COPY OF THE LETTER DATED 29-6-02 SENT BY THE PLANT MANAGER TO SPECIAL TAHSILDAR (LA) GENERAL, ERNAKULAM /True Copy/ PA to Judge PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.22134 of 2006 ------------------------ Dated this the 19th day of September, 2008 JUDGMENT Read my order dated 18-09-2008. Heard Sri.Elvin Peter P.J., the learned counsel for the petitioner, Sri. A.M.Shafeeque, the learned senior counsel for the third respondent requisitioning authority and the learned Government pleader again. While Sri.Shafeeque reiterated his stand, the Government Pleader would submit that according to the Government, the 3rd respondent (I.O.C) has encroached into a portion of the petitioner's property on the strength of the award. However, in view of the stand taken before this court by the I.O.C. that they do not require the property in respect of which award has now been passed in favour of the petitioner, I am of the view that the writ petition can be disposed of issuing the following directions and orders; i). It is declared that the possession of the property mentioned in the award passed in favour of the petitioner and his siblings has not been lawfully taken on the strength of the award. The petitioner and his co-owners continue to be in legal possession of the property. ii). The award in favour of the petitioner and other legal heirs of late P.A. Sanku is cancelled. Iii). It is open to the petitioner to have recourse to proper remedies before a competent civil court if it is seen that any portion of the property covered by the award is under wrongful possession of anybody else. (PIUS.C.KURIAKOSE,JUDGE) dpk