IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 AS.No. 795 of 1995() -------------------- OS.365/1992 of PRL.S.C.,THALASSERY .................... APPELLANTS/PLAINTIFFS: -------------- 1. K.M.LEELA, D/O.LATE RAMAN, 71 YEARS, RESIDING AT LEELA RAM, KANNUR-1 AMSOM DESOM (DIED) It is recorded as per order dated 18/2/2009 that second appellant as the legal heir of the deceased first appellant) 2. K.M.JAYAKARAN, S/O.LATE RAMAN, AGED 59 YEARS, RESIDING AT -DO- -DO- BY ADV. SRI.M.RAMESH CHANDER,A.KUMAR RESPONDENTS/DEFENDANTS: --------------- 1. GOVERNMENT OF KERALA REP. BY THE DISTRICT COLLECTOR, KANNUR 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION, THALASSERY 3. M.P.SUSHEELA, FATHER'S NAME NOT KNOWN, 70 YEARS, NO OCCUPATION 4. DAUGHTER SMT.SUDHEERA, 50 YEARS, NO OCCUPATION 5. -DO- SUDHARMA, 48 YEARS, NO OCCUPATION 6. -DO- SUJATHA, 42 YEARS, NO OCCUPATION 7. -DO- ARUNA, 39 YEARS, NO OCCUPATION 8. SON AMARNATH, 37 YEARS, NO OCCUPATION 9. DAUGHTER DURGA, 34 YEARS, NO OCCUPATION (RESPONDENTS 3 TO 9 ARE RESIDING AT ACHUTHAN NIVAS, GOPAL STREET, KANNUR-I AMSOM DESOM) R1 & R2 BY GOVERNMENT PLEADER SRI.BENNY VARGHESE THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 18/02/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ============================= M.SASIDHARAN NAMBIAR,J. JUDGMENT A.S.NO.795 OF 1995 18th February 2009 ============================ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ A.S..NO.795 OF 1995 ------------------------------------------ Dated 18th February 2009 JUDGMENT Short point for consideration in the appeal is whether plaintiffs are entitled to claim enhanced compensation in a civil suit without recourse to provisions of Kerala Land Acquisition Act. 2. For 47.88 square meters in R.S.No.296/2 acquired, compensation was granted to respondents 3 to 9 who had claimed title to the property under Ext.A1 title deed. Appellant instituted O.S.365/1992 before Sub court, Thalassery claiming title to that property under Ext.A4 title deed and contending that respondents 3 to 9 have no title to the property and therefore Rs.9,378/- awarded as compensation for that property is to be given to the appellant. In addition to that claim they have claimed enhanced compensation for that property. 3. Learned Sub Judge as per judgment dated 31/8/1994 found that defendants 3 to 9 have no right or title to the property acquired namely, 47.88 AS 795/95 2 square meter and appellants have title to the property under Ext.A4. Therefore, a decree directing defendants 3 to 9 to pay Rs.9,378/- with interest, which they received from Land Acquisition Officer was granted. Claim for enhanced compensation was rejected. That portion of the judgment is challenged in this appeal. 4. Enhanced compensation cannot be granted by the civil court. It can be granted by Land Acquisition Reference court, after a reference under Section 18 of the Act. In the absence of a reference, even the Land Acquisition reference court cannot grant enhanced compensation. 5. It is submitted that a reference case for enhanced compensation in respect of the undisputed land is pending before the Sub court. If so, remedy of the plaintiff is either to seek enhanced compensation in the pending reference case or seek a separate reference in respect of this property. Appeal is dismissed subject to the remedy. M.SASIDHARAN NAMBIAR, JUDGE. uj.