IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 9560 of 2011(T) ------------------------- PETITIONERS: --------------- 1. ISHA, AGED 42 YEARS, D/O. ABDUL RAHIMAN, MULLAKKAL HOUSE, BOC ROAD, PERUMBAVOOR, KUNNATHUNADU TALUK. 2. FAZIL, AGED 17 YEARS, S/O. JAMSHEED, MULLAKKAL HOUSE, BOC ROAD, PERUMBAVOOR, KUNNATHUNADU TALUK. 3. FARZANA, D/O. JAMSHEED, MULLAKKAL HOUSE, BOC ROAD, PERUMBAVOOR, KUNNATHUNADU TALUK. 4. FREEHA RAHAD, D/O. JAMSHEED, MULLAKKAL HOUSE, BOC ROAD, PERUMBAVOOR, KUNNATHUNADU TALUK. (PETITIONERS 2 TO 4 ARE REP.BY THE MOTHER 1ST PETITIONER). BY ADV. MS.R.RAJASREE (CHUTTIMATTATHIL) RESPONDENTS: --------------- 1. THE SPECIAL TAHSILDAR, (L.A.NO.11), ANGAMALY-SABARIMALA RAILWAY, SPECIAL TAHSILDAR OFFICE, A.M.ROAD, PERUMBAVOOR. 2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THYCAUD, THIRUVANANTHAPURAM. 3. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. (CNTD....2) WP(C).No. 9560 of 2011(T) ::2:: 4. JAMSHEED, S/O. KUNJIKKOCHU, MAMANAYATHUKKUDY HOUSE, CHENGAL DESOM, KALADY P.O., VADAKKUMBHAGAM VILLAGE, ALUVA TALUK. 5. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. 6. SARASWATHY, W/O.REGHU, PARAKKATTU HOUSE, CHENGAL, KALADY P.O., VADAKKUMBHAGAM VILLAGE, ALUVA TALUK. 7. SAKKEER HUSSAIN, AGED 42 YEARS, S/O. KUNJIKKOCHU, MAMMANAYATHUKUDY, CHENGAL DESOM, VADAKKUMBHAGAM VILLAGE, ALUVA TALUK. ADV. MR.N.B.SUNIL NATH,SC, RAILWAYS FOR R2-3 MR.BOBY GEORGE.V. FOR R4 & 7 MR.BABU GEORGE FOR R4 & R7 GOVERNMENT PLEADER MR.BIJU MEENATTOOR FOR R1 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9560 of 2011(T) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: SETTLEMENT DEED. EXT.P2: APPLICATION FOR MUTATION OF THE PROPERTY IN FAVOUR OF THE PETITIONERS. EXT.P3: PLAINT IN O.S.NO.440/2009 OF THE MUNSIFF COURT, ALUVA. EXT.P4: WRITTEN STATEMENT FILED BY THE RESPONDENT. EXT.P5: NOTICE OF AWARD FOR RUPEES 44,62,314/-. EXT.P6: INTERIM ORDER DTD. 17.12.2008. EXT.P7: PETITION FILED BY THE PETITIONER BEFORE TH SUB INSPECTOR OF POLICE, PERUMBAVOOR. EXT.P8: PETITION FILED BY THE PETITIONER UNDER THE PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. EXT.P9: INTERIM PROTECTION ORDER DTD. 22.2.2011. EXT.P10: REPRESENTATION MADE BY THE PETITION BEFORE R1 DTD. 1.3.2011. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.9560 Of 2011 ---------------------- Dated this the 18th day of October, 2011. J U D G M E N T The writ petition is filed for a direction commanding the respondents 1 & 2 to disburse and pay the amount covered by Ext.P5 award to the petitioners forthwith. 2. The property which stands in the name of the petitioners has been acquired by the 1st respondent for the purpose of Angamali-Sabarimala Railway line. The 1st respondent passed Ext.P5 award dated 18.10.2010. The amount was not disbursed in favour of the petitioners for the reason that the 4th respondent, who is the husband of the 1st petitioner and father of other petitioners, had objected to the disbursement of the amount in favour of the petitioners. 3. During the pendency of the writ petition, the dispute between the petitioners and respondents 4 & 7 have been settled out of court. A joint statement signed by the petitioners and respondents 4 & 7 is filed before this Court with a request to accept the compromise and prayed for disbursement of the amount to the petitioners on the basis of the compromise. In ::2:: W.P.(C).No.9560 Of 2011 paragraph 4 of the settlement it is stated that out of the award amount, the petitioners will pay 1/5th of the amount to the 4th respondent immediately on receipt of the award amount from the 1st respondent or that the petitioners have no objection in issuing a separate cheque to the 4th respondent for 1/5th of the amount for the full and final settlement of the dispute. 4. Though notice was issued to the 6th respondent Saraswathy, neither she appeared before this Court nor claimed compensation. 5. In the counter affidavit filed by the 1st respondent it is inter alia stated that the petitioners could not prove the absolute ownership over the property since there is a dispute over the property. Hence, the Special Tahsildar has no other choice than passing award under Section 31(2) of the Land Acquisition Act and depositing the amount in the Sub Court, North Paravur, and that the 1st respondent is not in a position to ascertain the real title holder of the property. The dispute regarding the entitlement of the compensation is settled between the parties and the 4th respondent, who is the husband of the 1st petitioner and father of the other petitioners, in paragraph 3 of the joint ::3:: W.P.(C).No.9560 Of 2011 statement it is stated that he has no objection in permitting the 1st petitioner to receive the amount of compensation on behalf of the other petitioners covered by Ext.P5 award of compensation from the 1st respondent. Going by the contentions raised by the parties, it is seen that the property solely belong to the petitioners in the writ petition. Respondents 4 & 7 have accepted the title of the petitioners. In these circumstances, the 1st respondent need not go into the question of entitlement of the petitioners to receive compensation since the award was passed in favour of the petitioners, 4th respondent and another person namely, Saraswathy. 6. In these circumstances, 1st respondent is directed to disburse 4/5th of the award amount to the 1st petitioner for and on behalf of the other petitioners and 1/5th to the 4th respondent in terms of the award passed, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-