IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 7098 of 2008(T) -------------------------------------- PETITIONERS: ------------------- 1. T. THANKACHI, DHAKSHINAYIL, EZHUKONE KOLLAM. 2. V.N. HAREENDRAN, SREESAILAM, EZHUKONE KOLLAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ---------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. THE SPECIAL TAHSILDAR (L.R), RAILWAYS KOLLAM. BY ADV. SRI.N.B.SUNIL NATH,SC, R3 & 4 SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL R1 BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.7098 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008 J U D G M E N T -------------------- The grievance of the petitioners is that the Land Acquisition Officer is not releasing the compensation amount awarded to them. Learned Government Pleader, on instructions, submitted that the amount could not be released to the petitioners as they failed to produce the original document. It is submitted by the petitioners that original document is pledged with the Kerala State Housing Board , Kollam Division for availing a loan. Petitioners themselves have produced Exhibit P9 to show that Housing Board had already written a letter to the Special Tahsildar to the effect that the amount due to the petitioners may be released to it by way of Demand Draft. Petitioners submitted that they have already approached the Housing Board for One Time Settlement of the loan availed by them and they will be settling the issue. 2. Considering all aspects of the matter, I am of the WP(C) NO.7098 OF 2008 -: 2 :- view that the amount can be released to the petitioners either on production of the original document or a no objection certificate from the Kerala State Housing Board. In case the petitioners produce a no objection certificate from the Housing Board, Kollam Division, stating that it has no objection in releasing the amount awarded by the Land Acquisition Officer to the petitioners, the Land Acquisition Officer shall release the amount to the petitioners. In the result, Writ Petition is disposed of with a direction to the petitioners to produce either the original document or a no objection certificate as stated above. On production of either the original document or no objection certificate, the Land Acquisition Officer shall release the amount awarded to the petitioners, forthwith. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008