Kerala High Court
K.Abraham Mathew vs State Of Kerala on 11 June, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
WP(C).No.23602 OF 2010(A)
PETITIONER:
K.ABRAHAM MATHEW,
SON OF LATE K.M.MATHEW, AGED 57 YEARS,
RESIDING AT KATTAPPURATHU HOUSE,
ST.GREGORIOS NAGAR, MAVELIKKARA VILLAGE,
MAVELIKKARA TALUK.
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SRI.GEORGE CHERIAN (SR.)
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
2 SPECIAL TAHASILDAR AND LAND
ACQUISITION OFFICER, (L.A.NH),
RANNI, PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.RAVIKRISHNA, GP
SRI.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23602 OF 2010(A)
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JUDGMENT
Dated this the 11th day of June 2020 The dispute in this case is regarding the limitation for seeking reference under Section 18 of the Land Acquisition Act. An award was passed on 16.02.2008. The cheque was received on 22.5.2008 under protest and an application was filed before the the 2nd respondent to refer the matter to civil court under Section 18 of the Land Acquisition Act. Ext.P1 is the said request.
2. The petitioner's request for reference was rejected stating that he had not submitted the application within the time limit prescribed by the Land Acquisition Act. The petitioner claims that he had sent a reminder on 21.6.2010. This was responded by Ext.P3 stating that the petitioner had not registered any application under Section 18. The petitioner placed reliance on Ext.P1 reference application dated 22.05.2008. The receipt of the same is disputed in the counter affidavit.
WP(C).No.23602 OF 2010(A) -3-
3. The petitioner was given compensation amount only for a portion of the land. There is a dispute in regard to the extent of the land before the civil court. The suit is pending as O.S. No.221/2007 on the files of the Munsiff's Court, Thiruvalla. The petitioner is yet to get compensation for the amount covered by the claim in the civil suit. The title and interest of the petitioner are in a serious dispute in the above civil suit.
4. In such circumstances, even if the petitioner raise a claim under section 18, the civil court cannot decide the matter as the interest and title of the petitioner itself is in a dispute before the Munsiff's Court, Thiruvalla. Therefore, the petitioner's claim for reference under Section 18 can be ordered to be considered after the disposal of the aforesaid civil suit. If the petitioner succeeds in the civil suit, necessarily, the petitioner's claim for reference has to be made in the light of the request already been made by the petitioner as referred in Ext.P3 decision. This court in W.P.(C)No.40371 of 2018, Abdul Khader v. The District Collector Ernakulam and another [2019 (1) KLT 654] held that Section 18 application can be WP(C).No.23602 OF 2010(A) -4- considered after the adjudication of the rights of the parties in the civil suit. See the judgment.
5. Therefore, the writ petition is disposed of with the following directions:
The Musiff's Court, Thiruvalla is directed to dispose of the civil suit within a period of four months from the date of receipt of a certified copy of this judgment. In case the petitioner succeeds in the civil suit, the reference shall be considered for the entire extent of the land acquired from him. He is also free to make any request for reference under Section 18 within the time limit prescribed by the Land Acquisition Act and that shall be referred in accordance with law.
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A.MUHAMED MUSTAQUE JUDGE akv/ 12.6.2020 WP(C).No.23602 OF 2010(A) -5- PETITIONER'S/S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE REFERENCE APPLICATION DATED 22.5.2008.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 2.6.2010. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 21.6.2010 BY SECOND RESPONDENT.
RESPONDENT'S/S EXHIBITS :
EXHIBIT R2(a) TRUE COPY OF THE D-FORM CHEQUE NO.37 DATED 22.05.2008.
//TRUE COPY// P.A. TO JUDGE