IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 WP(C).No. 31271 of 2011(H) ------------------------------ PETITIONER(S): ---------------------- 1. ABDUL HAMEED, S/O. LATE SHAMSUDEEN LEBBA, NIZAM MANZIL, VAILOOR, MURUKKUMPUZHA. 2. NIZAM, S/O. LATE SHAMSUDEEN LEBBA, NIZAM MANZIL, VAILOOR, MURUKKUMPUZHA. BY ADVS. SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENT(S): ----------------------- 1. DISTRICT COLLECTOR, THIRUVANANTHAPURAM – 695 001. 2. SPECIAL TAHSILDAR(LA), (SREEPANDARAVAKA LAND NO.III) CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM – 695 005. R1 & R2 BY GOVT. PLEADER SRI.M.MUHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV WPC NO.31271 OF 2011 (H) APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : COPY OF PARTNERSHIP DEED DATED 19-10-1981 EXT. P2 : COPY OF CERTIFICATE OF REGISTRATION NO.3099/1981 DATED 3-11-1981. EXT. P3 : COPY OF SALE DEED NO. 3320/1981 DATED 7-9-81 EXT. P4 : COPY OF SALE DEED NO. 357/1987 DATED 13-2-1987. EXT. P5 : COPY OF SALE DEED NO. 1002/98 DATED 1-6-98. EXT. P6 : COPY OF THE NOTICE IN LAC NO. 26/2010 DATED 11-2-2011. EXT. P6A : COPY OF THE AWARD IN LAC NO. 26/2010 DATED 11-2-2011. EXT. P7 : COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 24-7-2010 IN LAC NO. 19/2010. EXT. P8 : COPY OF THE PLAINT IN OS NO. 221/2011 FILED BEFORE THE SUB COURT, ATTINGAL. EXT. P9 : COPY OF THE ORDER IN IA NO. 1385/2011 IN OS NO. 221/2011 DATED 20-8-2011 OF THE SUB COURT, ATTINGAL. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE AMV K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.31271 of 2011 --------------------------------------------- Dated this the 23rd day of November 2011 JUDGMENT The petitioners are partners of a firm by name M.S.L.CLAYS. The complaint of the petitioners is that though their land has been acquired as per a notification dated 27.7.2008 for establishing a Life Science Park by the Kerala State Industrial Development Corporation, no award has been passed. The case of the petitioner is LAC No.19 of 2010. Another property of the petitioner has also been acquired and that was the subject matter of LAC No.26 of 2010. In the said case, an award has been passed and the compensation amount has also been received by the petitioners. The petitioners are aggrieved by the delay in passing the award in the present case. They, therefore, seek the issue of appropriate directions to the second respondent to pass award in LAC No.19 of 2010. 2. The reason for not passing an award is WPC No.31271 of 2011 2 apparently because of a dispute that is pending between the petitioners and their sister's daughter regarding the sharing of the property. However, the existence of such a dispute cannot be a ground for not passing an award. Therefore, the second respondent is duty bound to pass an award, expeditiously. 3. This writ petition is, therefore, disposed of directing the second respondent to pass the award in LAC No.19 of 2010 in accordance with law, as expeditiously as possible and at any rate within two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE