IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No.36376 of 2008 (E) ----------------------------------- OS.36/1997 of I ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: --------------- SHARAFUDEEN, S/O ABUBACKER, T.C.41/2151, SAJEENA, KALIPPANKULAM, MANACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR SRI.HARIKUMAR.S. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,COLLECTORATE, THIRUVANANTHAPURAM. 2. TAHSILDAR, THIRUVANANTHAPURAM. GOVT. PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.36376 of 2008 ------------------------------------------------ Dated this the 10th day of December, 2008 JUDGMENT This Writ Petition has been filed by the plaintiff in O.S.36/1997 on the file of the Sub Court, Thiruvananthapuram assailing Ext.P4 order passed by the Sub Judge refusing correction of decree sought for vide I.A.5060/07 condoning the delay in moving for correction vide I.A.5060/07. What is prayed for in the application for correction is only for correction of judgment and not for correction of decree and the correction sought is incorporating in the decreetal portion in the fifth sentence of para 19 of the judgment after the words “the land value and compensation” the words “of Rs.2.1 lakhs with interest from the date of suit”. When title has been declared in favour of the petitioner/ plaintiff over the scheduled property under W. P. C. No.36376 of 2008 -2- the decree, it is up to him to approach the land acquisition authorities and get the amount of compensation awarded by way of value of the scheduled property if acquired. Amendment of judgment in O.S.36/97 as prayed for by effecting correction was rightly being refused by the court below as what was sought for in the suit was for declaration of title and not for recovery of the value thereof when the property is acquired and court fee also is not paid for recovery of the above Rs.2.1 lakhs. 2. Government Pleader submits that Rs.2.1 lakhs is the claim put forward and no award is passed by the land acquisition officer as proceedings for acquisition is only in progress. Government Pleader further submits that whatever be the amount that is to be awarded for the land for which declaration has been granted in the suit, that will be W. P. C. No.36376 of 2008 -3- disbursed by the land acquisition officer to the petitioner when award is passed. In view of the said submission no further relief requires to be granted to the Writ Petitioner and he can seek for his reliefs before the land acquisition officer producing the decree in the suit in his favour and advancing claim to the compensation that is to be awarded by the land acquisition officer. 3. This Writ Petition is hence, closed. K.P.BALACHANDRAN, JUDGE kns/-