IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 30362 of 2005(M) -------------------------- PETITIONER: ------------ KRISHNAMMA, AGED 75, AMBIKA MANDIRAM, ADAYAMON P.O., PAZHAYAKUNNUMEL VILLAGE, THATTATHUMALA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.REJI MATHEW KAVALAYIL SRI.SUNNY XAVIER RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 2. SPECIAL DEPUTY TAHSILDAR, LAND ACQUISITION, KOLLAM. BY GOVT. PLEADER SMT.LATHA THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 30362/05) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF NOTICE DATED 28.3.1985. EXTS.P2(a) & (b): TRUE COPY OF THE AWARD NOTICES NO.A4.2082/83. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 22.10.98 IN LAR NO.119/86 ON THE FILE OF SUBORDINATE JUDGE'S COURT, KOTTARAKKARA. EXT.P4: TRUE COPY OF THE LAWYERS NOTICE DATED 8.6.1999. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 9.2.2004. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 17.10.2005. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.30362 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 27th May, 2008 JUDGMENT No representation for the petitioner. But it is seen from the pleadings that the petitioner's grievance is that the question of determination of the correct compensation payable for the properties which were acquired from her possession has not been referred to a competent civil court. It seems that the petitioner's property as well as properties belonging to her husband were simultaneously acquired and there was a reference at the instance of the husband regarding properties belonging to the husband. The petitioner's case is that it was a joint reference application which was filed by her and her husband and the Land Acquisition Officer went wrong in referring only the husband's case to the court. I do not propose to settle the issue here. The petitioner has already submitted Exts.P5 and P6 before the District Collector. If Exts.P5 and P6 are even now pending before the District Collector, the District Collector will call for relevant records from the Land Acquisition Officer, scrutinise them and thereafter consider Exts.P5 and P6 in the light of the various grounds raised in the Writ Petition and take a correct decision. Once decision is taken, the same will be communicated to the petitioner. If decision has W.P.C.No.30362/05 - 2 - already been taken on Exts.P5 and P6, then that decision will be communicated to the petitioner by the District Collector. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE