IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35672 of 2008(V)
1. SAFEENA, D/O.BEEMAKANNU,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. BEEMAKANNU, D/O.PATHUMMAL KUNJU
3. NAZEEMA,
For Petitioner :SRI.S.D.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :03/12/2008
O R D E R
K.P. Balachandran, J.
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W.P.(C)No.35672 of 2008 V
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JUDGMENT
Petitioner challenges in this writ petition
Exhibit P5 order passed by the Sub Judge,
Thiruvananthapuram in L.A.R.No.3/04 refusing to
implead him as a party therein on his application
filed as I.A.No.3175/08 under Order I Rule 10(2)
and under Section 151 of the CPC. Respondents 2
and 3 are the claimants in the LAR and in I.A.
No.3175/08 and are respectively the mother and
sister of the petitioner. Petitioner seeks to get
himself impleaded in L.A.R.No.3/04, a reference
made under Section 18 of the Land Acquisition Act
on application filed by respondents 2 and 3
claiming enhancement in the award amount for the
properties acquired from their possession.
According to the petitioner, a portion of the
properties so acquired belongs to him.
2. The Forum to advance claim for a portion of
the acquired land is not before the reference
WPC 35672/08 2
court, wherein what is required to be considered is
only the claim for enhancement advanced by
respondents 2 and 3. It was in the circumstances
that the court below refused to implead the
petitioner, who was a stranger to the proceedings.
It is worthy to note that he was not even a party
in the land acquisition case before the Land
Acquisition Officer. There is no merit in this
writ petition seeking to get the petitioner
impleaded as a party in the reference proceedings
in reversal of Exhibit P5 order.
This writ petition, in the circumstances, is
dismissed.
3rd December, 2008 (K.P.Balachandran, Judge)
tkv