IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 5372 of 2008(M) -------------------------------------- PETITIONER: ------------------ SANTHA, D/O. PURUSHOTHAMAN, KAVILA THEKKETHIL VEEDU, KOTTAKKAKOM CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM, NOW RESIDING AT VAIKKATHAZHATHU VEEDU, KADAVOOR CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.C.A.RAJEEV RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR (LAND ACQUISITION OFFICER), CIVIL STATION, KOLLAM. 2. SPECIAL TAHSILDAR, LA (NH) BYE PASS, KOLLAM. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.5372 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008 J U D G M E N T -------------------- An extent of 1.10 Ares of land comprised in R.S.No.399/34 of Thrikkadavur Village owned by late Purushothaman was acquired for the formation of NH Bye-pass at Kollam. Petitioner, claiming to be the legal heir of deceased Purushothaman, filed a petition under Section 18(1) of the Land Acquisition Act to refer the mater to the Subordinate Judge's Court for considering the claim for enhancement. In the Writ Petition itself it is admitted that Purushothaman died during the pendency of the land acquisition proceedings. But the material on record shows that Purushothaman died after passing the award and since nobody has come forward with the claim, the amount awarded was deposited in court and the matter was referred to the reference court under Section 31 of the Act. Petitioner and other legal heirs, subsequently, got themselves impleaded in L.A.R. No.465 of 1997 which arose from the reference and the amount deposited was released to them. It is averred that on 24.9.2007 petitioner received W.P(C) NO.5372 OF 2008 -: 2 :- Exhibit P3 communication from the Land Acquisition Officer informing her that the claim for enhancement of compensation can be considered only on production of a legal heirship certificate. Since she failed to produce the same, the petition for reference was rejected. Challenging that order, this Writ Petition is filed. 2. The fact that the original owner of the property is no more is not disputed. Exhibit P2 representation shows that there was dispute regarding apportionment of the amount awarded. But none of the heirs of Purushothaman appeared before the Land Acquisition Officer. So the matter was referred to the reference court under Section 31 of the Act. Subsequently, heirs of deceased Purushothaman appeared before the court and filed a compromise petition. Though the petitioner disputed receipt of letter dated 20.2.1998 rejecting her claim for reference, I do not find any reason to disbelieve the statement contained in Exhibit P3 to the effect that such a communication was sent to the petitioner. Considering all aspects of the matter, I am of the view that it is only just and proper to grant one more opportunity to the petitioner to produce the legal heirship certificate. But for the inaction on W.P(C) NO.5372 OF 2008 -: 3 :- the part of the petitioner from 20.2.1998 till 13.2.2008, the State cannot be penalised. Hence the petitioner is not entitled to get interest on the additional compensation, if any, to be granted for that period. In the result, Writ Petition is allowed. Exhibit P3 order passed by the Land Acquisition Officer is hereby quashed. Petitioner is given three months' time from today to produce the legal heirship certificate issued by the competent authority. On receipt of the certificate, the Land Acquisition Officer shall reconsider the application filed by the petitioner under Section 18(1) of the Act and take a decision in accordance with law, expeditiously. It is made clear that in case the matter is referred to the court and compensation is enhanced, the petitioner will not be entitled to get interest on the said amount for the period from 20.2.1998 to 13.2.2008. But she will be entitled to get the interest accrued prior to 20.2.1998 and after 13.2.2008, in accordance with law. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008