IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 14196 of 2006(M) PETITIONER(S): R.PRASANNAKUMARI, W/O.B.SATHEESAN, AGED 53, RESIDING AT "APPU", HOUSE NO.76, WATTS LANE, NANDANCODE, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. SPECIAL TAHASILDAR, LA (GENERAL), THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER, SEWAGE PROJECT DIVISION, OBSERVATORY HILLS, MUSIUM, THIRUVANANTHAPURAM. *ADDL. 5. MINI, D/O SANKARAN NAIR, 'YAMINI', TC 2/273, PILLAVEDUNAGAR,KESAVADASAPURAM,THIRUVANANTHAPURAM 6. R.RADHADEVI, SREE SAILAM, NEAR ATTUKAL DEVI TEMPLE, MANACAUD P.O., THIRUVANANTHAPURAM. *ADDL. R5 & R6 ARE IMPLEADED AS PER ORDER DATED 25.03.2008 IN IA NO.4254/2008 OF WP(C)NO.14196/2006. *ADDL. R5 & R6 ARE DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DATED 19.12.2008. R1 TO R4 BY GOVT.PLEADER SMT.AMBIKA DEVI,SC,KWA SRI.PAUL.C.THOMAS(ADV.COMMSSR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 14196 of 2006(M) APPENDIX PETITIONER'(S) EXHIBITS: EXT.P1 COPY OF THE SETTLEMENT DEED NO.1971 DATED 07.06.1979. EXT.P2 COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, PATTAM. EXT.P3 COPY OF THE NOTICE DATED 29.08.1998. EXT.P4 COPY OF THE NOTICE ISSUED BY the 2ND RESPONDENT UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT, 1894. EXT.P5 COPY OF THE LETTER DATED 28.09.2004 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P6 COPY OF THE NOTICE DATED 29.07.1998. EXT.P7 COPY OF THE NOTICE DATED 02.04.2005. EXT.P8 COPY OF THE COMMUNICATION DATED 25.04.2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 COPY OF THE LETTER DATED 04.05.2005 ISSUED TO THE 2ND RESPONDENT. EXT.P1O COPY OF THE LETTER DATED 04.05.2005 TO THE DISTRICT COLLECTOR. EXT.P11 COPY OF THE POSTAL RECEIPT EVIDENCING ISSUANCE OF EXT.P10. EXT.P12 COPY OF THE LETTER DATED 16.06.2005. EXT.P13 COPY OF THE LETTER DATED 12.09.2005. EXT.P14 COPY OF THE SURVEY PLAN OF SY.NO.124 AND 129 ISSUED BY THE DIRECTOR OF SURVEY AND LAND RECORDS. EXT.P15 COPY OF THE PLAN PREPARED BY A COMPETENT SURVEYOR IN RESPECT OF THE PROPERTY ITEMS 2 AND 3 MENTIONED IN EXT.P1. EXT.P16 COPY OF THE GIFT DEED NO.1987/2004 IN FAVOUR OF THE DAUGHTER P.SANGEETHA. WP(C).No. 14196 of 2006(M) EXT.P17 COPY OF THE RESURVEY PLAN OBTAINED FROM DIRECTOR OF RESURVEY. EXT.P18 COPY OF THE LAND REGISTRAR COPY ISSUED BY THE ASSISTANT DIRECTOR OF SURVEY LAND RECORDS. RESPONDENT'(S) EXHIBITS: EXT.R4(a) COPY OF THE LETTER NO.B2/WP(C)14196/2006 DATED 28.06.06. EXT.R4(b) COPY OF THE STATEMENT GIVEN TO THE ADVOCATE GENERAL BY THE 4TH RESPONDENT. ANNEX.A COPY OF THE GAZETTE NOTIFICATION NO.18 DATED 05.05.1998. ANNEX.B COPY OF THE GAZETTE NOTIFICATION NO.1166 DATED 15.06.99. ADVOCATE COMMISSION'S EXHIBITS: EXT.C-1 SURVEY PLAN PREPARED BY the TALUK SURVEYOR, THIRUVANANTHAPURAM EXT.C-2 COPY OF SURVEY PLANS OF NOS.120 & 129, AVAILABLE WITH THE ASSISTANT DIRECTOR OF SURVEY AND LAND RECORDS, CENTRAL OFFICE, THIRUVANANTHAPURAM. EXT.C-3 COPY OF THE GAZETTE NOTIFICATION DATED 05.05.1998. EXT.C-4 COPY OF THE GAZETTE NOTIFICATION DATED 15.06.1999. //TRUE COPY// PA TO JUDGE BKA A.M. SHAFFIQUE, J. ------------------------------------------ WP(C) NO. 14196 OF 2006 ------------------------------------------ Dated this the 16th day of December, 2011 J U D G M E N T Petitioner, an owner of land situated in Sy. No:120 and 129 of Pattom Village, has approached this Court alleging that though land acquisition proceedings were taken in respect of her property and a notice u/s. 9(3) of the Land Acquisition Act issued to her on 01.08.2000, and after taking possession of the land, no further action had been taken by the Special Tahsildar, Land Aquisition (General) to pass an award. She has submitted several representations and despite issuing letter dated 02.04.2005 directing the petitioner to identify the land, no action seems to be taken to pass an award in terms of the notification. 2. When the matter came up before this Court, it was inter alia contended by the government that the property acquired does not belong to the petitioner and somebody else namely, one Mini.I. had collected the amount WP(C) NO. 14196 OF 2006 ..2.. as per award No: 21 dated 14.02.2001. It was later conceded that the said award had nothing to do with the claim of the petitioner as is evident from the order dated 23.6.2008. This court issued an Advocate Commission to prepare a report with the help of the Taluk Officer to measure the property on the basis of the title deed of the petitioner and to find out whether any portion of the petitioner's property had been acquired as per the said notification. The Advocate Commissioner measured the property with the help of Taluk Surveyor and has filed a report dated 13.02.2009 stating that the drainage road is passing through the property of the petitioner in Sy.No:120/129 and road portion is marked in Ext.C1 plan. It is also reported that the area of land belonging to the petitioner and used for constructing the sewerage line and drainage road is 141 square meters equivalent to 3.48 cents. No objection is seen filed against the Advocate Commissioner's report. As such, there is no reason to WP(C) NO. 14196 OF 2006 ..3.. disbelieve the Commissioner's report. 3. Under these circumstances, it is only reasonable that the petitioner should be compensated for the land which had been acquired from her by the 3rd respondent. Hence this writ petition is allowed with the following directions; a) The 3rd respondent shall pass an award in favour of the petitioner on the basis of the report submitted by Sri. Paul C. Thomas, Advocate Commissioner, taking into consideration the land acquired from the petitioner and after verifying the original of the title deeds as envisaged under law. b) award shall be finalised and served on the petitioner within a period of four weeks from the date of receipt of a copy of this judgment. A.M. SHAFFIQUE, JUDGE bka/-