IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 25276 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. SUBADRA, W/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. 2. JAYASANKAR, S/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. 3. KRISHNAN NAMBOODIRI, S/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. 4. NARAYANAN NAMBOODIRI, S/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. 5. RAMAN NAMBOODIRI, S/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. 6. KESAVAN NAMBOODIRI, S/O.LATE SREEDHARAN NAMBOODIRI, VENGERIMANA, THEKKENADA, GURUVAYOOR,THRISSUR DIST. BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- 1. GURUVAYOOR DEVASWOM, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR, THRISSUR DISTRICT. 2. THE SPECIAL TAHSILDAR (LA) GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR DIST. 3. KRISHNAN NAMBOODIRI, S/O.SAVITHRI ANTHARJANAM, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 4. UMADEVI ANTHARJANAM, W/O.KRISHNAN NAMBOODIRI, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 5. KESAVAN, S/O.KRISHNAN NAMBOODIRI, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 6. PADMANABHAN, S/O.KRISHNAN NAMBOODIRI, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 7. LEELAKUMARI, W/O.PADMANABHAN, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 8. KRISHNAN, S/O.LEELAKUMARI, VENGERI ILLAM, THIRUVENKIDAM DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY G.P. SRI.BASANT BALAJI ADV. SRI.D.KRISHNA PRASAD SRI.V.KRISHNA MENON FOR R1 SRI.C.P.SAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.25276 of 2008 & I.A. No.13924/2008 ------------------------ Dated this the 4th day of November, 2008 JUDGMENT The grievance, which is prominently voiced by the petitioners, is that they are going to be dispossessed of their residential properties without being paid the compensation due to them under the award passed by the second respondent. The only prayer in the writ petition is as follows; “ To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to release the land acquisition compensation in respect of the property acquired from the petitioners as per ext.P5 within a time frame to be fixed by this Hon'ble Court”. 2. After hearing the learned counsel for the parties, I passed an interim order on 28/10/2008 in the following terms; “The Registrar Judicial on contacting Sheristadar of the Thrissur Sub Court has submitted a report. The report is to the effect WPC.No. No.25276/2008 2 that till now the land acquisition officer has not deposited the compensation amount due under the awards passed in L.A.C.10 to 14 of 2008 before the court. The report further says that the Sheristadar has been informed by the office of the land acquisition officer that in all probability deposits will be made by 25/10/2008. Under the above circumstances, I am inclined to issue an order in the following terms; If the compensation amount due as per the awards passed in L.A.C. No.10 to 14 is not already deposited under Section 31 (2) before the Subordinate Judges Court, Thrissur by the 2nd respondent, that respondent will make the deposit forthwith. As soon as the deposits are made, the Subordinate Judges court, Thrissur having jurisdiction over the land acquisition matters ( the land acquisition Court, Thrissur) will register the L.A.R. cases without delay. The Registry will communicate this order to the subordinate Judge's court, Thrissur. Post on 4/11/2008. The interim order will continue till then.” 3. The learned Government Pleader on instructions submitted today that the compensation amount has been WPC.No. No.25276/2008 3 deposited before the reference court already. It was also submitted that reference under Section 31(2) also has been made. The Subordinate Judge's Court, Thrissur having jurisdiction over the land acquisition matters will comply with the directions in my order dated 28/10/2008 and immediately facilitate registration of the land acquisition reference cases, it is so submitted by the Government Pleader. 4. Sri. P.N.K.Achan, learned senior counsel, would draw my attention to Ext.P3 order passed by a Division Bench of this court in A.F.A. No.43/1998 where the property dispute between the petitioners and the party respondent 3 to 8 are pending. According to Sri.Achan, it has been found in Ext.P3 that the appellants in the A.F.A. No.43/1998 are entitled for 23 out of 30 shares in the properties, which are now under acquisition. The learned senior counsel submitted that party respondents 3 to 8 in the writ petition represents respondents 1 to 11 in Ext.P3 and that they are entitled for the balance 7 shares. 5. I.A. No.13924/2008 has been filed by 9 persons, who are respondent Nos. 8 to 16 & 18 in Ext.P3 seeking their impleadment as additional respondents in this writ petition. WPC.No. No.25276/2008 4 According to Sri.C.P.Saji, learned counsel for the petitioners in the I.A., the petitioners in the I.A. are also entitled to shares. The writ petitioners are entitled only for 8 out of 30 shares and not for 23 out of 30 shares as appears to have been found in Ext.P3. The learned counsel would however concede that the proposed additional respondents have not filed any appeal against the judgment of the trial court, which is subject matter of the A.F.A. He also submitted that they did not file any memorandum of cross objections either. According to him, in spite of service of notice they did not enter appearance before the Division Bench when Ext.P3 order was passed. I am of the view that so long as Ext.P3 order is in currency, petitioners in the I.A. are not entitled to contend that they are also entitled for shares. I am, therefore, not inclined to allow the I.A. 6. There is considerable merit in the submissions of Sri.V.Krishna Menon, learned standing counsel for the Devaswom that the only prayer in the writ petition has become infructuous and that the same is only to be declined. 7. Under the above circumstances, this writ petition will stand disposed of issuing the following directions; WPC.No. No.25276/2008 5 i). The prayer in the writ petition is declined in view of the deposits, of the compensation before the Sub Court and the reference under Section 31 (2) already made. ii). The Subordinate Judge's Court, Thrissur, shall comply with the directions in my interim order dated 28/10/2008 (quoted herein before) and facilitate the registration of the reference case immediately. Once reference case is registered, the application for cheque, if any, submitted by the writ petitioners will be expeditiously considered and orders passed by the learned Subordinate Judge in the light of the observations I have made regarding the shares to which the petitioners are entitled. Iii). It should be remembered that so long as Ext.P3 order is in currency, the petitioners are entitled for 23 out of 30 shares. iv). Considering the fervent appeal of the learned senior counsel Sri.Achan, there will be further direction that the interim order passed in this case will continue for another two more weeks from today. It is needless to state that orders on the cheque application WPC.No. No.25276/2008 6 will be passed by the sub court only after giving notice to all the parties in the L.A.R. Case. (PIUS.C.KURIAKOSE,JUDGE) dpk