IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 5409 of 2008(R) ------------------------- PETITIONER: ------------ 1. SMT.T.PHILOMINA @ LEENA, W/O.LATE A.C.JOB, AGED 62, ALINGAL HOUSE, PONNARIMANGALAM, MULAVUKKAD. 2. REGINA @ EEEVY, W/O.CYRIL, AGED 60, RESIDING AT ATHIPOOZHI HOUSE, MANASSERY, MUNDAMVELI P.O., KOCHI. 3. LAILA @ MARY LAILA, W/O.K.J.TOMY, AGED 55, RESIDING AT KURISHINGAL, PONNARIMANGALAM, MULAVUKKAD P.O. 4. LAIJU, S/O.PHILOMINA, AGED 39, RESIDING AT ALINGAL HOUSE, PONNARIMANGALAM, MULAVUKKAD. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY (REVENUE), GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION (RAILWAY), ERNAKULAM. BY GOVT. PLEADER SRI.D.ANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) 5409/2008 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF NOTIFICATION DATED 1.12.2007 UNDER SECTION 9(3) ISSUED TO THE FIRST PETITIONER. EXT.P2 TRUE COPY OF CLAIM STATEMENT GIVEN BY THE FIRST PETITIONER BEFORE THE THIRD RESPONDENT DATED 17.12.2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.5409 OF 2008 ------------------------------- Dated this the 8th April, 2008. J U D G M E N T The grievance of the petitioners is that the respondents are trying to dispossess them without following the procedure prescribed under Section 16 of the Land Acquisition At. It is submitted by the counsel for the petitioners that petitioners apprehend that the authority may take possession of the land, even before passing of the award. 2. The learned Government Pleader, upon instructions, submits that Ext.P1 notice under Section 9(3) of the Land Acquisition Act was issued informing the petitioners to appear before the Land Acquisition Officer for taking part in the award enquiry and though the petitioners have filed a claim statement, they have not appeared or produced any documents. It is also submitted that dispossession will be in accordance with law. It is only just and proper to give the petitioner one more opportunity to produce documents, if any, in support of their claim, in case no award is passed till date. W.P.(C) No.5409/2008 2 3. In the writ petition, it is specifically averred that no urgency clause under Section 17 of the Land Acquisition Act was invoked. Even if the urgency clause was invoked, advance possession can be taken only after paying 80% of the proposed compensation. In other cases, possession can be taken only after passing of the award. So, I do not find any reason to issue any special direction in this matter. In the result, the writ petition is disposed of with a direction to the 3rd respondent Land Acquisition Officer to give one more opportunity to the petitioner to take part in the award enquiry by issuing notice for a award enquiry under registered post with acknowledgment due to the petitioners, and pass the award, in accordance with law, if the same is not yet already passed. K.PADMANABHAN NAIR, JUDGE nj.