IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 34618 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ K.V.JOSEPH, KIZHAKKEKUTTU VEEDU, NALUKODY P.O., PAIPPAD, CHANGANACHERRY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, LEELAMMA JOSEPH, W/O.K.V.JOSEPH,KIZHAKKEKUTTU VEEDU, NALUKODY P.O., PAIPPAD, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. ASSISTANT EXECUTIVE ENGINEER, P.W.D.(ROADS) SUB DIVISION, CHANGANACHERRY, PIN 686 101. 2. EXECUTIVE ENGINEER, P.W.D.(ROADS), KOTTAYAM.PIN-686 001 3. TAHSILDAR, TALUK OFFICE, CHANGANACHERRY, PIN 686 101. 4. DISTRICT COLLECTOR, KOTTAYAM.PIN-686 001 5. VILLAGE OFFICER, PAIPPAD, CHANGANACHERRY, PIN 686 101. 6. SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN 695 001. R1 TO R6 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.34618/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER DATED 21/04/1998 ISSUEDBY THE 5TH RESPONDENT TO THE 4TH RESPONDENT. P2 COPY OF THE REPRESENTATION DATED 01/02/2008 SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR THE PUBLIC WORKS DEPARTMENT. P3 COPY OF THE LETTER DATED 10/11/2009 ISSUEDBY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. P4 COPY OF THE REMINDER DATED 17/09/2010 SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.34618 OF 2010 -------------------------------------------- Dated this the 4th day of March, 2011 JUDGMENT The petitioner was the absolute owner in possession and enjoyment of 1 Acre 75 cents comprised in Sy.No.144/3 (Re.Sy.No.118/8) in Parippally village, Changanacherry Taluk. 91 Square Metres from the above property was acquired by the Public Works Department for the purpose of construction of Kottayam-Changanacherry bye pass road. This Writ Petition has been filed seeking issuance of a writ of mandamus commanding the respondents to disburse the compensation payable to the petitioner pursuant to the acquisition of the said property and for such other reliefs. 2. A counter affidavit has been filed in this Writ Petition on behalf of the third respondent. In paragraph 5 thereunder, it is stated thus:- "On 11.10.2010, Assistant Executive Engineer furnished the period to the Tahsildar for which Valuation Certificates to be issued vide letter No.AB3/101/96. On 21.12.2010 after due process, Land Value Certificate issued by Tahsildar to Assistant Executive Engineer, PWD Roads sub Division, W.P.(C) NO.34618/2010 2 Changanacherry." 3. When this matter is taken up today, the learned counsel for the petitioner submitted that the respondents may be directed to take appropriate action in terms of the statement made in paragraph 5 of the Writ Petition. The learned Government Pleader submitted that since the Valuation Certificate has been furnished by the Assistant Executive Engineer, the respondents would compute the compensation payable to the petitioner and would disburse the same expeditiously. In the said circumstances, this Writ Petition is disposed of with a direction to the respondents to take appropriate steps for disbursement of the compensation payable to the petitioner purusant to the acquisition of an extent of 91 Square Metres of property comprised in Sy.No.144/3 (Re.Sy.No.118/8) in Parippally cillage, Changanacherry Taluk. This shall be done expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc The words “Parippally village'' occurring in the 3rd line of the 1st paragraph and “Parippally cillage” occurring in 12th line of the 3rd W.P.(C) NO.34618/2010 3 paragraph of the judgment dated 04/03/2011 in W.P.(C) 34618/2010 are corrected and substituted as “Paippad Village” as per order dated 25/05/2011 in I.A.6887/2011. Sd/- Registrar (Judicial) C.T. RAVIKUMAR, J. W.P.(C) NO.34618/2010 4 JUDGMENT September, 2010