IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31317 of 2009(H)
1. ABRAHAM @ BIJU CHERIAN, S/O.CHERIYAN,
... Petitioner
2. ALIYAMMA CHERIYAN, W/O.CHERIYAN, OF DO.
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRK. JOHNSON MANAYANI
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :04/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.31317 OF 2009
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Dated this the 4th day of November, 2009
JUDGMENT
1.An item of land belonging to the petitioners was acquired.
They appear to have challenged that acquisition leading to
matters before this Court in writ jurisdiction. The District
Collector passed the award. The petitioners refused to accept
compensation on ground that they were agitating against the
acquisition before this Court. Obviously, the Collector
deposited the compensation amount in the reference court.
That essentially is the reference under Section 31 of the Land
Acquisition Act, 1894. Ext.P1 is the application of the
petitioners for enhancement of compensation. The pendency
of any reference under Section 18, if made in accordance with
law, is not a ground to exclude the conclusion of the
proceedings referable to the reference under Section 31 of the
LA Act, if such proceedings can be concluded earlier. This will
result in the claimants being eligible for release of fund which
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Page numbers
are in deposit, notwithstanding the pendency of reference
application under Section 18.
2.It appears that the reference stood dismissed for default. The
application filed for restoration of that was again dismissed for
default. The further application for restoration of the earlier
application for restoration was allowed on 26.10.2009. But, in
the mean while, the court below has issued the order dated
26.8.2009, dismissing the cheque application filed by the
petitioners. I do not find any ground to accuse the court below
of having committed any error of law or in jurisdiction, in
taking that course of action because as on 26.8.2009, the date
of dismissal of the cheque application, the reference stood
dismissed and the same was restored only on 26.8.2009,
though such restoration energises the matter fully.
3.Taking the aforesaid into consideration, it is ordered that the
impugned order dated 26.8.2009, dismissing the cheque
application, shall not stand in the way of the petitioners
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making a fresh cheque application and if such cheque
application is received, the court below will verify whether
there is a reference under Section 31 and if so, immediately
look into the matter to ascertain whether there is any rival
claimant. Otherwise, let cheque be issued for the amounts in
deposit, with notice to the Government Pleader, at the earliest.
Learned counsel for the petitioners volunteers to file a cheque
application tomorrow. If he does so, the same will be taken up
by the court below and orders issued at the earliest, at any
rate within a period of three weeks. This writ petition is
ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.4/11.
