IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 8056 of 2008(H) ------------------------- LAR.171/1994 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: ------------ 1. P.SREEKUMARAN NAIR NPP HOUSE NO.1 PALKULANGARA, THIRUVANANTHAPURAM 2. P.MURALEEDHARAN NAIR 'GAYATHRI' MANAVA NAGAR PALKULANGARA, THIRUVANANTHAPURAM 3. S.GIRIJA,W/O.CHANDRADATHAN 'GAYATHRI' MANAVA NAGAR PALKULANGARA, THIRUVANANTHAPURAM 4. S.SHYLAJA,W/O.RAVI PRAKASH 'GAYATHRI' MANAVA NAGAR PALKULANGARA, THIRUVANANTHAPURAM BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: ------------- 1. P.K.SREEKANTAN ARADHANA,CHAMPAZHANTHY THIRUVANANTHAPURAM. 2. K.PUSHYLEKSHMI AMMA NPP HUSE NO.4 PALKULANGARA, THIRUVANANTHAPURAM. 3. K.RAJALEKSHMI AMMA SARADALAYAM, PIRAPPANCODE THIRUVANANTHAPURAM. 4. STATE OF KERALA,REPRESENTED BY DISTRICT COLLECTOR THIRUVANANTHAPURAM. BY ADV. SRI.S.V.RAJAN & ADV.SRI.S.ARUN RAJ FOR R1 TO R3 GOVT.PLEADER SHRI MUHAMMED PUZHAKKARA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.8056/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT IN LAR.171/94 OF THE SECOND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF THE JUDGMENT OF THIS COURT IN LAA.109/01. EXT.P3: TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO.5354/06. EXT.P4: TRUE COPY OF THE APPLICATION FILED BY RESPONDENTS 1 TO 3 UNDER SECTION 30 OF THE LAND ACQUISITION. EXT.P5: TRUE COPY OF THE LETTER NO.K12.81835/2000 DATED 10.1.2007 OF THE 4TH RESPONDENT. EXT.P6: TRUE COPY OF E.A.NO.78/07 IN LAR.171/94 AND THE ACCOMPANYING AFFIDAVIT. EXT.P7: TRUE COPY OF E.A.NO.81/07 IN LAR.NO.171/94 AND THE ACCOMPANYING AFFIDAVIT. EXT.P8: TRUE COPY OF THE AFFIDAVIT AND THE APPLICATION SEEKING THEIR IMPLEADMENT IN E.P.NO.126/01 IN E.A.NO.78/07 AND E.A.NO.81/07 IN E.P.NO.126/01 IN LAR.171/94. EXT.P9: TRUE COPY OF THE OBJECTION TO EXT.P8 FILED BY THE PETITIONER. EXT.P10: TRUE COPY OF CERTIFIED COPY OF THE ORDER DATED 11.12.2007 IN E.A.170/07 IN E.P.126/01 IN LAR.171/94 OF THE SECOND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. TRUE COPY P.A. TO JUDGE M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8056 OF 2008 --------------------- Dated this the 4th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the II Addl. Subordinate Judge, Thiruvananthapuram, in EA 170/07 in EP 126/01 in LAR 171/94. 2. A reference under Sec. 30 became necessary on account of the factum that there is a contention between the parties regarding the entitlement of apportionment of compensation. This court in LAR 109/01 at para 21 held that “the court below had no jurisdiction to entertain the dispute regarding the extent of the land acquired from each of the claimants.” When the matter reached the Apex court, the Apex court held that it is true that it cannot be answered in that reference but Sec.30 prescribes no period of limitation and therefore permitted the party to move an application under Sec.30 of the Act for reference. Accordingly an application was filed. It has been numbered as LAR 23/07. Now the contention is with respect to the numbering of Land Acquisition Reference renumbered as EA 1829/07 in EA 170/07. WPC NO 8056/08 2 3. The question that arises for consideration is regarding entitlement of apportionment of compensation. It is a matter which has to be adjudicated and decided. The scope of enquiry whether it is numbered as a fresh Land Acquisition Reference or the execution application or an interim application is the entitlement of each party in the compensation awarded by the court below. I feel when a Land Acquisition Reference is made after the judgment of the Supreme Court in the light of the Supreme Court's decision it becomes a fresh reference, which has to be decided by the court. The ordinary practice adopted by the courts is that whenever reference is received, it is numbered as a Land Acquisition Reference and proceeded further. So even if it is treated as an interim application, it also will not not make any difference because the point that is to be adjudicated is one and the same. But when a fresh reference is made, it is always desirable to have a new Land Acquisition Reference number so that it can be entertained in that way and certainly it can be tagged on with the earlier Land Acquisition Reference 171/94. 4. Therefore, I dispose of the writ petition with a direction to the court below to continue the number as LAR 23/07, which is to WPC NO 8056/08 3 be tagged on with LAR 171/94, and the question that arises for adjudication in LAR 23/07 shall be strictly confined to the entitlement of apportionment of compensation. The court below is also directed to dispose of the matter untrammelled by any of the observations contained in its own order, as expeditiously as possible, at any rate, within a period of three months from the date of reopening of the court after summer holidays. Both sides are permitted to adduce oral evidence and produce documentary evidence in support of their respective contentions. M.N.KRISHNAN, JUDGE vps WPC NO 8056/08 4 WPC NO 8056/08 5