IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 19116 of 2008(A) -------------------------- PETITIONER: ------------ ANNAMMA GEORGE, AMBATTUKIZHAKKUMKARA HOUSE, NJALBHAGOM MURI, KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DT. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF IRRIGATION, TRIVANDRUM. 2. DISTRICT COLLECTOR, PATHANAMTHITTA. 3. SPECIAL TAHSILDAR (LA), PATHANAMTHITTA. 4. EXECUTIVE ENGINEER, CADA, CHENGANOOR. R4 IS SUO MOTU DELETED FROM THE PARTY ARRAY AND THE EXECUTIVE ENGINEER, P.T.P. DIVISION, CHENGANOOR, IS IMPLEADED IN HIS PLACE AS PER ORDER DATED 9.7.2008 BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 19116 of 2008 ---------------------------------- Dated this the 5th day of August , 2008 JUDGMENT The grievance voiced by the writ petitioner is that though advance possession was taken and boundary stones were fixed separating 10 cents of land out of a total extent of 76 cents belonging to her for the purpose of irrigation canal, the land acquisition authority has not so far passed any award nor has paid any compensation to her. Noticing the above allegation, the Government Pleader was directed to seek instructions from the concerned respondent on the question as to whether the petitioner's property was ever taken possession of in contemplation of award under the Land Acquisition Act. 2. Today, the learned Government Pleader Sri.Basant Balaji has placed before me a copy of the written instructions given to him by the land acquisition authority. It is seen there from that 60 ares of land in R.S. No.387/12 (old survey Nos.78/21, WPC No.19116/2008 2 78/14C) belonging to the petitioner was acquired for the purpose of Pumpa Irrigation project, Kaviyoor Branch Irrigation Canal as per L.A.C. No.9/89 and award No.2/89-90 was passed on 9.8.1989 and compensation of Rs.3,652/- was paid to the petitioner as per D Form Cheque No.057709. 3. Heard both sides. It is submitted on behalf of Sri.M.V.S. Nampoothiry the learned counsel for the petitioner that the petitioner is yet to have any information regarding the passage of award regarding the property taken over from her and that the petitioner has not so far received any amount by realization of the proceeds of the D Form Cheque referred to in the instructions given to the Government Pleader. Following are the reliefs sought for by the petitioner in the writ petition; a). To issue a writ of mandamus or any other appropriate writ, order or direction, declaring that the petitioner is the owner in possession of 76 cents of land comprised in old survey No.78/21 of Kaviyoor Village, Pathanamthitta District, including the WPC No.19116/2008 3 portion taken advance possession by the Government; b). To issue a writ, order or direction directing the respondents to re-convey the property to the petitioner; Having considered the submissions addressed before me, I am of of the view that the above reliefs cannot be granted. However, there will be a direction to the land acquisition authority to verify whether award notice has been served personally on the petitioner and also whether the petitioner has realised the proceeds of the D Form cheque paid to her towards the compensation . If the records reveals that service of award notice is not made on the petitioner and that the cheque in question has not been received by the petitioner, he will entertain an application for reference under Section 18 of the L.A.Act to be filed by the petitioner within one month from today. It is made clear that if the award notice is actually served on the petitioner or the cheque amount has been actually received by the petitioner, it will not be necessary for the land acquisition WPC No.19116/2008 4 authority to entertain the reference application at all. PIUS C. KURIAKOSE JUDGE dpk