IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18312 of 2009(H) -------------------------- PETITIONER(S): --------------- T.V.PAULOSE, S/O.VARGHESE, AGED 54 YEARS, THURUTHIYIL HOUSE, BRAHMAPURAM P.O., PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. SPECIAL TAHSILDAR (LA) KOCHI REFINARIES LTD., NORTH FORT GATE, THRIPPUNITHURA. BY GP V MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 18312 OF 2009 ............................................ DATED THIS THE 7th DAY OF JULY, 2009 JUDGMENT The petitioner complains that contrary to the credit entry regarding the extent of land being acquired from him as reflected by Ext.P3, Ext.P6 and P7 have been issued showing that there is only a lesser extent in his possession. He relies on possession certificate issued by the revenue authorities. The land being acquired, has to be appropriately identified, even if the acquisition is on agreement of parties or by compulsory acquisition. Therefore, without expressing anything on merits, this writ petition is ordered directing that Ext.P11 would be considered by the competent authority and appropriate decision taken. If it is found that the extent of land being acquired from the petitioner is less than what is reflected in Ext.P3, the petitioner will be at liberty to raise the issue regarding the extent on appropriate reference to reference court in the event of compulsory acquisition. It is also clarified that this judgment does not stand in the way of the petitioner seeking appropriate Wpc 18312/2009 2 relief from the appropriate reference court in the matter of categorization of the land if such a dispute ultimately survives. Since the petitioner is willing to surrender possession on a negotiated settlement, the decision on the aforesaid shall be taken within three weeks from the date of receipt of a copy of this judgment. All other issues are left open. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/8/7