IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 27912 of 2007(W) -------------------------- PETITIONER: ------------ C.P.JOSEPH, CHIRAKADAVIL HOUSE, KURICHY VILLAGE, THURUTHY P.O, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 4. SPECIAL TAHSILDAR L.A.(N.H), CHANGANACHERRY, KOTTAYAM. 5. LAND ACQUISITION OFFICER, CHANGANACHERRY. 6. EXECUTIVE ENGINEER, PWD, SPECIAL DIVISION, MUVATTUPUZHA. 7. REVENUE DIVISIONAL OFFICER, KOTTAYAM. BY SHRI.BASANT BALAJI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 27912/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE DATED 12/01/2006 ISSUED BY 4TH RESPONDENT. P2 : COPY OF THE PETITION DATED 07/04/2006 SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT. P3 : COPY OF THE NOTICE OF AWARD DATED 01/01/2007 ISSUED BY 5TH RESPONDENT. P4 : COPY OF REPRESENTATION DATED 10/01/2007 SUBMITTED BEFORE 4TH RESPONDENT. P5 : COPY OF THE REPRESENTATION DATED 07/02/2007 SUBMITTED BEFORE THE 4TH RESPONDENT. P6 : COPY OF THE LETTER DATED 19/02/2007 ISSUED BY THE 7TH RESPONDENT. P7 : COPY OF THE ORDER DATED 18/08/2007 ISSUED BY THE 7TH RESPONDENT. // TRUE COPY // PA TO JUDGE. K.PADMANABHAN NAIR, J. ------------------------------- W.P.(C) No.27912 OF 2007 ------------------------------- Dated this the 13th February, 2008. J U D G M E N T Petitioner claims ownership and possession over 91.21 Sq.Meters of land in Block No.I, Survey No.482/13-1 of Kurichy Village. This property was acquired for a public purpose. According to the petitioner, though 91.21 Sq.Meters of land was taken possession of, award passed by the Land Acquisition Officer shows that only 64 Sq.Meters of land was acquired from the possession of the petitioner. His grievance is that no compensation either for 91.21 Sq.Meters or for 64 Sq.Meters was awarded. 2. Respondents have filed a counter contending that petitioner is having a title over 70 Sq.Meters of land alone, and the remaining 20.21 Sq.Meters of land is a Government puramboke, for which no compensation can be awarded to him. According to the petitioner, entire land was lying as a compact plot with clear cut boundaries on all four sides. Even if the Government had title over 20.21 Sq.Meters of land, the same was lost by adverse possession and limitation. It is submitted that there was a compound wall and gate, W.P.(C) No.27912/2007 2 but that was demolished and for that also, no compensation was awarded. In the counter, it is admitted that there was a compound wall and a gate, but that was in the puramboke land and hence the petitioner is not entitled to get any compensation for the same. The learned Government Pleader further submits that compensation awarded over 70 Sq.Meters of land is in revenue deposit and in case the petitioner produces the document, the same will be released to him. It is open to the petitioner to produce his document of title, and if the same is produced, the Land Acquisition Officer, shall release the compensation for 70 Sq.Meters of land to the petitioner. 3. The Land Acquisition Officer shall pass an award for the remaining property and also determine the compensation for compound wall and gate, and refer the matter to the Sub Court having jurisdiction over the area, for deciding whether the petitioner is having title over that land. The award for the remaining land shall be passed as expeditiously as possible, at any rate, within three months from the W.P.(C) No.27912/2007 3 date of receipt of a copy of the judgment and the matter shall also be referred within another three months from the date of passing of the award. The writ petition is disposed of as above. K.PADMANABHAN NAIR, JUDGE nj.