IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 2387 of 2010(W) ---------------------------------------- PETITIONER(S): ------------------------- PARAMESWARAN, S/O.KOCHUNNI,AGED 57 YEARS, KALLUPARAMBIL, CHERANELOOR PO,KOCHI-34. BY ADVS. SRI.P.B.SURESH KUMAR, SRI.LEO GEORGE, SRI.K.P.SUJESH KUMAR, SRI.K.N.SASIDHARAN NAIR. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,ERNAKULAM. 3. THE SPECIAL TAHSILDAR, (LAND ACQUISITION), VALLARPADAM INTERNATIONAL CONTAINER TRANSHIPMENT TERMINAL PROJECT, COLLECTORATE, KAKKANAD,ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2387/2010 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC.NO.11556/2008 DTD. 20/06/2008. P2: COPY OF THE JUDGMENT IN R.P.NO.677/2008 DTD. 2/07/2008. P3: COPY OF THE NOTIFICATION PUBLISHED BY THE GOVERNMENT DTD. 12/10/2008. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DTD. 10/11/2009. P5: COPY OF G.OP.(MS) NO.163/2008 DTD. 26/05/2008. P6: COPY OF THE STATEMENT FILED BY THE THIRD RESPONDENT IN WPC.NO.19574/2009 DTD. 17/07/2009. P7: COPY OF G.O.(MS) NO.331/2004 DTD. 5/11/2004. P8: COPY OF THE JUDGMENT IN WPC.NO.19574/09 DTD. 4/08/2009. P9: COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DTD. 12/01/2010. P10: COPY OF THE MINUTES OF THE MEETING CONVENED BY THE CHIEF MINISTER HELD ON 6/06/2011. P11: COPY OF THE COMMUNICATION ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER DTD. 20/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.2387 OF 2010 ------------------------------- DATED THIS THE 19TH DAY OF AUGUST, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P9 order passed by the 2nd respondent and for a direction commanding the respondents to provide to the petitioner compensation for the land acquired from him for the International Container Transshipment Terminal at Vallarpadam in accordance with the decision of the District Level Purchase Committee constituted by the Government as per G.O.(Ms).No.38/05/RD dated 4/2/2005 within a time limit to be prescribed by this Court. Petitioner also prayed for a direction commanding the respondents to provide to the petitioner rehabilitation and re-settlement benefits in accordance with Ext.P5 Government order and Exts.P1 and P2 judgments of this Court. 2.The 2nd respondent declined the benefit sought for by the petitioner by Ext.P9 order dated 12/1/2010. The reasons stated in Ext.P9 order are that since the land has been acquired from the -2- W.P.(C).No.2387/2010 petitioner under the Land Acquisition Act, his request for payment of compensation in accordance with the decision of the DLPC cannot be considered and that the petitioner is entitled to seek enhanced compensation by making reference under Section 18 of the Land Acquisition Act. 3. The learned Senior Counsel for the petitioner brought to the notice of this Court Ext.P10 minutes dated 6/6/2011 and Ext.P11 notice issued consequent to the decision on 6/6/2011. Exts.P10 decision and P11 notice were issued during the pendency of the writ petition. In the meeting convened on 6/6/2011 under the President-ship of the Chief Minister and attended by Ministers and Officers from the different departments and representatives of the persons, who were evicted for the implementation of the project, various decisions had been taken to resolve all pending disputes including the dispute raised by the petitioner. Based on Ext.P10 the 3rd respondent issued Ext.P11 notice stating that the respondents are willing to provide rehabilitation and re-settlement -3- W.P.(C).No.2387/2010 benefits claimed by the petitioner subject to the conditions stated therein. The conditions stated in Ext.P11 for availing the benefits are to withdraw the cases, if any pending and to repay the amount received as per the award passed under the Land Acquisition Act. By issuing Ext.P11 communication practically the main relief sought for in the writ petition has been granted by the respondents. In the light of Ext.P11, no further orders are necessary in this writ petition. Accordingly, the writ petition is closed. 4. The learned Senior Counsel for the petitioner pointed out that the petitioner received the award amount more than a year back and the said amount was utilised for purchase of property and other needs and in such circumstances, the petitioner is not in a position to repay the amount as directed in Ext.P11 for the purpose of availing the rehabilitation and re-settlement benefits. It is for the petitioner to repay the amount for the purpose of availing the benefits under the Scheme. At the same time, it is for the respondents to consider the grievance of the petitioner and to -4- W.P.(C).No.2387/2010 extend any reliefs, if possible, by passing appropriate orders. Petitioner is at liberty to move the respondents by filing an application for making adjustments in the matter of repayment of the award amount already received. If the petitioner files an application for making adjustments before the respondents, the respondents shall consider the same and shall pass appropriate orders within a period of two months from the date of receipt of the application. HARUN-UL-RASHID, Judge. kcv.