IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 20185 of 2010(W) -------------------------- LAR.302/2004 of SUB COURT, CHERTHALA .................... PETITIONER: ------------- JOSEPH JEFFERY D'SOUZA, AGED 61, S/O.EDWARD D'SOUZA, THAYANGANATTU, EDAKOCHI, ERNAKULAM, RESIDING AT HOUSE NO.3, STREET NO.3, SND LAYOUT, TATABAD, COIMBATORE-12. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE COMMISSIONER & SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE SPECIAL TAHSILDAR (LA), INDUSTRIAL GROWTH CENTRE, CHERTHALA, ALAPPUZHA DISTRICT. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20185 OF 2010 --------------------------------------- Dated this the 29th day of June, 2010. J U D G M E N T The main prayer in the writ petition is the following: a) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the Sub Court, Cherthala to change category of the property of the petitioner acquired under the Land Acquisition Act, involved in L.A.R. No.302 of 2004, for assessing enhancement of land value/ compensation. 2. The petitioner herein is the owner and in possession of 10 Acres of land obtained as per document Nos.2456/76 dated 10.9.1976 and 1089/77 dated 29.4.1977. The property was acquired for the project namely, Project of Industrial Growth Centre. Aggrieved by the compensation awarded by Exhibit P3 award, the petitioner submitted an application for reference which is now pending before the Sub Court, Cherthala as L.A.R.No.302/2004. A Commission was taken over in the matter by the petitioner. W.P.(C) No.20185/2010 2 3. According to the learned counsel for the petitioner, the reference court has now taken the stand that change of category of property cannot be considered in the matter of claim for enhancement of land value. It is stated that this decision is against the principles laid down under Section 18 of the Land Acquisition Act. This writ petition is filed not against any order passed by the reference court. What is sought for is a Mandamus directing the reference court to change the category of the property of the petitioner for assessing the enhancement of land value compensation. It is entirely for the reference court to consider various aspects while passing the award after considering the evidence adduced by the parties. If the petitioner is aggrieved by the award passed by the reference court, he will have to seek appropriate remedies. Leaving open the same, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp