IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 8927 of 2010(M) -------------------------------------- PETITIONERS: ---------------------- 1. JOSE,S/O.JOSEPH,PARAPILLY HOUSE,KALADY, ERNAKULAM DISTRICT. 2. ANTONY,S/O.JOSEPH,PARAPILLY HOUSE, KALADY, ERNAKULAM DISTRICT. 3. TOMY,S/O.JOSEPH,PARAPILLY HOUSE,KALADY, ERNAKULAM DISTRICT. BY ADV. SMT.ROSE MICHAEL. RESPONDENTS: ------------------------ 1. SPECIAL TAHSILDAR (LAND ACQUISITION), IDAMALAYAR IRRIGATION PROJECT, ANGAMALY, REPRESENTED BY SPECIAL TAHSILDAR(K.I.A), NEDUMBASSERY. 2. DISTRICT COLLECTOR, ERNAKULAM. 3. STATE OF KERALA, REPRESENTEDBY THE CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, TRIVANDRUM. 4. THE SECRETARY,BOARD OF REVENUE, SECRETARIAT, TRIVANDRUM. 5. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY P.O, ERNAKULAM DISTRICT, REPRESENTED BY ITS REGISTRAR. R1 TO R4 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI, R5 BY ADV. SRI.P.K.VIJAYAMOHANAN,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8927/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE NO. B1-66/93 DTD. 04/09/93 ISSUED BY THE R.1. EXT.P.2: CLAIM STATEMENT FILED BY THE PETITIONERS IN LAC NO. 40/93 DTD. 12/07/95 BEFORE THE R.1. EXT.P.3.SERIES: COPY OF THE COMMUNICATION NO. E.O.1/SSUS/94 DTD. 04/10/95 AND E.O.1/SSUS/94 DTD. 1/1/96 SENT BY THE R.4. TO THE R.2. EXT.P.4: COPY OF THE AWARD NOTICE DTD. 1/7/96 ISSUED BY THE R.1 TO THE PETITIONERS UNDER SECTION 12 (2) OF L.A. ACT. EXT.P.5: COPY OF THE NOTICE DTD. 2/8/95 ISSUED BY THE R.1. AS PER RULE 15 (3) DIRECTING THE PETITIONERS TO VACATE THE PROPERTY. EXT.P.6: COPY OF THE REPRESENTATION DTD. 13/10/2009 FILED BY THE PETITIONERS BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8927 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2010. JUDGMENT The property owned by the petitioners were acquired for the purpose of the 5th respondent University. The acquisition was done by invoking Section 17(4) of the Land Acquisition Act, 1894. 2. The main relief sought for in the writ petition is to direct the first respondent to consider Ext.P6 representation and pay compensation awarded to the petitioners as per Award No.196/1996 in L.A.C. No.40/93 without any delay. 3. The case of the petitioners is that the petitioners have already surrendered possession of the land and in spite of passing of awards, they have not been paid the amount of compensation awarded. 4. In the counter affidavit filed by the first respondent, it is mentioned that the requisitioning authority, herein the 5th respondent, has not deposited the amount so far, in spite of various communications issued and the last of the communications is dated 18.12.2009. 5. Learned Standing Counsel for the University submitted that the University is taking steps to reconcile the accounts and to deposit the award wpc 8927/2010 2 amount and it is submitted that steps will be completed and the amount will be deposited within a period of three months. 6. The fact remains that in spite of passing of the award and handing over possession, the petitioners are yet to receive the amount in question. There is unreasonable delay on the part of the 5th respondent in the matter. 7. Therefore, there will be a direction to the 5th respondent to deposit the amount covered by the award for payment to the petitioners, within a period of three months and on such deposit, the first respondent will take steps to see that the amount is paid to the petitioners without any further delay. The claim for payment of interest is left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/