IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 38792 of 2010(Y) ---------------------------------------- PETITIONER(S): ----------------------- MR.KUNHIPARAL ALIKUTTY @ C.E.ALIKUTTY, S/O.LATE KOYOTTY, RESIDING AT 'SITHARA', P.O.NALUTHARA, PALLUR, THALASSERY,KANNUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.U.P.BALAKRISHNAN RESPONDENT(S): ---------------------------- 1. THE LAND ACQUISITION OFFICER, (SPECIAL TAHASILDAR), L.A.(N.H.), NO.2, THALASSERY-670101. * ADDL.R2 TO R4 IMPLEADED * ADDL.R2: K.P.AYISHA, D/O. LATE KOYOTTY, AGED 60 YEARS RESIDING AT KUNHIPARAL HOUSE, P.O.PARAL, THALASSERY, KANNUR DISTRICT. *ADDL.R3: MISIRI, D/O.LATE KOYOTTY, RESIDING AT KUNHIPARAL HOUSE, P.O.PARAL, THALASSERY, KANNUR DISTRICT. *ADDL.R4: K.P.AHAMED, S/O.LATE KOYOTTY, RESIDING AT KUNHIPARAL HOUSE, P.O.PARAL, THALASSERY, KANNUR DISTRICT. * ADDITIONAL RESPONDENTS 2 TO 4 IMPLEADED AS PER ORDER DATED 19/01/2011 IN IA.NO.735/2011. ADDL.R2 TO R4 BY ADV. SRI.C.K.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.38792/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PUBLIC NOTICE ISSUED BY RESPONDENT DATED 4/12/2009. P2 COPY OF THE POWER OF ATTORNEY. P3 COPY OF THE REPRESENTATION SUBMITTED BY LEGAL HEIRS OF KOYOTTY. P4 COPY OF THE STATEMENT MADE BY THE RESPONDENT. P5 COPY OF THE REPRESENTATION SUBMITTED BY LEGAL HEIRS OF KOYOTTY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.38792 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2011 J U D G M E N T The property comprised in Re-survey No. 100/4 of Kodiyeri Village was acquired. The property originally belonging to one Koyotty. This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the respondent to disburse the compensation to petitioner and others who are entitled to property as legal heir of said Koyotty in accordance with personal law of the parties. 2. A counter affidavit has been filed in this writ petition. In Paragraph 6 thereunder states thus:- “the compensation awarded to the title holders after deducting Income Tax will be paid to the Power of Attorney holder, ie. the petitioner in this case.” The learned counsel appearing for the petitioner submitted that in view of the said statement made in the counter affidavit, this writ petition may be disposed of with a direction to the respondent to disburse the compensation payable to the legal heirs on account of the acquisition of the aforementioned property, to the petitioner. In view of the WPC.38792/2010 : 2 : aforesaid position obtained in this case this writ petition is disposed of with a direction to the respondent to disburse the amount payable on account of acquisition of the property comprised in resurvey No.100/4 of Kodiyeri village to the Power of Attorney holder of the legal heirs of Sri. Koyotty including the petitioner herein. This shall be done within a period of two months from the date of receipt of a copy of this judgment. Disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge