IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 RP.No. 1126 of 2008(V) ---------------------- AGAINST THE JUDGEMENT IN WPC.8589/2008 Dated 26/09/2008 .................... REVIEW PETITIONERS: RESPONDENTS 1 TO 3 ---------------------------------------- 1.STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHPURAM. 2.THE SPECIAL TAHSILDAR (LA), KOCHI REFINERIES LTD., VYTTILA, TRIPOONITHURA. 3.THE DISTRICT COLLECTOR, ERNAKULAM. BY SR. GOVERNMENT PLEADER MR.D.ANILKUMAR RESPONDENTS: PETITIONER/RESPONDENTS 4 AND 5: ------------------------------------------------- 1.CHANDY ABRAHAM, S/O. LATE CHERIAN ABRAHAM, AGED 57 YEARS, RESIDING AT G-180, PANAMPILLY NAGAR, COHCIN-36. 2.THE MANAGING DIRECTOR, KINFRA, KINFRA HOUSE ANNEXE, ELANKON GARDENS, VALLYAMBALAM, THIRUVANANTHAPURAM. 3.INFOPARK, THAPASYA, KUSUMAGIRI POST, KAKKANAD, KOCHI, BY ITS CHIEF EXECUTIVE OFFICER. R1 BY ADV.MR.R.PADMARAJ R2-R3 BY ADV.MR.G.S.RAGHUNATH THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - R.P.No.1126 of 2008 in W.P.(C) No.8589 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 22nd October, 2008 ORDER The Government seeks review of direction No.6 issued under my judgment dated 26.9.2008. Heard Mr.D.Anilkumar, Senior Government Pleader for the review petitioners, Mr.R.Padmaraj, counsel for the writ petitioner and Mr.G.S.Raghunath, counsel for respondents 2 and 3. 2. Mr.Anilkumar, Senior Government Pleader submitted that direction No.6 was issued mainly in view of the request of the writ petitioner to have a proper valuation of the building taken so that either way the petitioner will get correct compensation for his building. The learned Government Pleader submitted that on 14.10.2008 in the presence of the writ petitioner and his counsel, the P.W.D. authorities opened the building and the entire data relating to the building were collected so that a fresh valuation of the building can be prepared. Since that has been done, it is not necessary to retain direction No.6. M/s.Smart City Infrastructure Pvt. Ltd. are insisting upon the demolition of the building for finalising their master plan, according to the Government Pleader. R.P.No.1126/08 - 2 - 3. Mr.R.Padmaraj, counsel for the writ petitioner submits that the petitioner is yet to be given the valuation report prepared by the P.W.D. authorities on the basis of the data collected on 14.10.2008. It is likely that the writ petitioner will be aggrieved by that valuation in which case the writ petitioner should get an opportunity to have a fresh valuation of the building taken with the assistance of the competent Engineers. I am of the view that since data were collected on 14.10.2008 by the Engineers of the P.W.D. in the presence of the writ petitioner and his counsel, the correctness of the data cannot be in doubt. Therefore, it will be possible for the writ petitioner to request the reference court or the District Collector to adopt the same data and determine a higher amount than what is recommended by the P.W.D.Engineers by applying revised rates. If the writ petitioner is desirous of having data pertaining to the building collected once again, he is permitted to do so by making a request in that regard to the District Collector on or before 28.10.2008. I therefore dispose of the Review Petition issuing the following directions: 1. Direction No.6 on page No.9 of the judgment is deleted. 2. The review petitioners are directed to furnish the writ petitioner with a copy of the valuation report prepared by the P.W.D. authorities R.P.No.1126/08 - 3 - on the basis of the inspection conducted on 14.10.2008 as soon as the same is available. 3.If the review petitioner requests the District Collector to allow him to collect the details of the building for the purpose of a fresh valuation by engaging an Engineer of his choice on or before 28.10.2008, the District Collector will grant the permission sought for on condition that the inspection and collection of data shall be with notice to the District Collector and in the presence of the person authorised by the District Collector. srd PIUS C.KURIAKOSE, JUDGE