IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 35177 of 2010(V) -------------------------- PETITIONER: --------------- E.P.GOPALANKUTTY, AGED 54, S/O.AMBUTTY, ELEYADATH PARAMBATHU, POST VENGERI, KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: --------------- 1. THE SPECIAL TAHSILDAR (LA), KOZHIKODE. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY, KOZHIKODE. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R3 GOVT. PLEADER SMT. K.R DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35177 OF 2010 -------------------------- Dated this the 24th day of November, 2010 J U D G M E N T Exts.P4 and P5 awards passed by the first respondent is under challenge in this writ petition wherein the petitioner also seeks a direction to the first respondent to award compensation to him and his wife in respect of un-assessed lands. The pleadings disclose that aggrieved by Exts.P4 and P5 awards, the petitioner and other claimants had moved the reference court and the the reference court had by Ext.P9 judgment delivered on 31.5.2010 enhanced the land value. It is contended that the reference court however did not take a decision on the claim made by the petitioner and others for payment of compensation for the un-assessed lands. In my opinion, if the petitioner or other claimants are aggrieved by Ext.P9 judgment, their remedy is to challenge the same in appeal under section 54 of the Land Acquisition Act. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed leaving open the contentions of the petitioner and reserving liberty with him to challenge Ext.P9 judgment of the reference court in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3