IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 19001 of 2009(U) --------------------------------------- [LAR. NO. 14/1996 & 15/1996 OF II ADDL.SUB COURT,THRISSUR] .................... PETITIONERS: --------------------- 1. C.C. RUGMANI, W/O. KADAVIL SANKARAN, CHEMBUKKAVU, THRISSUR. 2. JAYASREE THOMAS, KURIAN VAKIL ROAD, CHEMBU KAVU, THRISSUR. BY ADVS. SRI.K.PADMANABHAN, SRI.A.D.RAVINDRA PRASAD. RESPONDENTS: ------------------------ 1. THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, THRISSUR. 2. THE SPECIAL TAHSILDAR (LA), THRISSUR MUNICIPALITY, THRISSUR. 3. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THRISSUR. R1 & R2 BY ADVS. SRI.K.B.MOHANDAS,S.C, SRI.LELLULAL T.G.THUNDATHIL. R3 BY GOVT. PLEADER SMT. RANI DIOTHIMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19001/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMON ORDER DT. 26/9/2000 IN LAR NOS. 14/96, 15/96, 21/96, 24/96 AND 1/98 OF THE HON'BLE SUB COURT, THRISSUR. EXT.P.2: COPY OF THE JUDGEMENT IN O.P. 37586/02 DT. 04/12/2003 OF THE HON'BLE HIGH COURT. EXT.P.3: COPY OF THE REPRESENTATION DT. 24/05/04. EXT.P.4: COPY OF THE REPRESENTATION DT.1 2/11/2007. EXT.P.5: COPY OF THE REPRESENTATION DT. 30/06/08. RESPONDENTS' EXHIBITS: EXT.R1: COPY OF THE GOVERNMENT ORDER NO. GO(RT).NO.253/87/LAD DTD. 27/01/87 OF THE GOVERNMENT OF KERALA, LOCAL ADMINISTRATION DEPARTMENT. EXT.R1.A: COPY OF THE GOVERNMENT ORDER G.O.(RT).NO.523/89 LAD DTD. 17/02/89 OF THE GOVERNMENT OF KERALA, LOCAL ADMINISTRATION DEPARTMENT. EXT.R1.B: COPIES OF THE AGREEMENTS DTD. 26/05/89 AND 05/03/91 AND ALSO THE CHARGE LIST EXECUTED BETWEEN THE THRISSUR DISTRICT SPORTS COUNCIL AND THE THRISSUR MUNICIPALITY. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19001/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of December, 2010 J U D G M E N T The main prayer in the writ petition is for a direction to the second respondent to issue a fresh award in accordance with the direction given in common Judgment in O.P.Nos.4601/89 and connected cases, dated 03/08/1990. 2. The properties of the petitioners along with the properties of some other land owners were acquired by the Thrissur Municipality for constructing a Swimming Pool and Acquatic Complex. Award No.2/1989 was passed on 17/04/1989 fixing compensation for the acquired properties. The total extent of the property is 2.0079 hectors. Subsequently, some of the land owners approached this Court when they came to know that the entire property is not needed for the said purpose. Accordingly, this Court passed a common Judgment in O.P.Nos.4601/89 and connected cases with a direction for reconveyance of the land acquired in excess of the requirement. It is averred in paragraph (2) of the writ petition that the Judgment was rendered W.P.(C). No.19001/2009 -:2:- on 03/08/1980. The Land Acquisition References in respect of the petitioners' property came up for consideration before the Sub Court, Thrissur and were pending at that point of time as LAR No.15/96 and LAR 24/96. When the matter came up for hearing for trial on 04/09/2002, in the light of the Judgment in O.P.No.5238/1989 and connected cases of this Court dated 03/08/1990, the Sub Court found that the references made by the Land Acquisition Officer are against the intimation made by this Court in the common Judgment. It was held that the only option available to the Land Acquisition Officer is to pass an award, in conformity with the observation made by this Court in the common Judgment. Accordingly, by Ext.P1 common order the Land Acquisition Court rejected LAR Nos.14/96, 15/96, 21/96, 24/96 and 1/96. The claimant in LAR 1/96 approached this Court seeking for a direction to the Land Acquisition Officer to pass fresh award, which was disposed of by Ext.P2 Judgment, directing the Land Acquisition Authority to modify the W.P.(C). No.19001/2009 -:3:- earlier award limiting the extent of the property acquired, which means, excluding the area which was reconveyed. And it is averred in the writ petition that a fresh award was passed and thereafter, the LAR 1/96 was renumbered as LAR 54/07. 3. The first petitioner has been representing the matter as per Exts.P3 to P5 representations. Since no action is being taken in this matter, this writ petition has been filed. 4. Heard the learned counsel for the petitioners, the learned counsel for the Corporation and the learned Government Pleader. In the light of the facts pointed out above, it is necessary to see that fresh award is passed by the Land Acquisition Officer in the light of the Judgments of this Court and that of the Sub Court. 5. Therefore, there will be a direction to the second respondent to pass fresh awards in respect of the properties acquired from the petitioners within a period of three months from the date of receipt of a W.P.(C). No.19001/2009 -:4:- copy of this Judgment. All other contentions of the respective parties including the Corporation are left open. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms