VARKEY PATHROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) In these two Original Petitions a common question arises and so they are being disposed of by a common judgment. The prayer in these Original Petitions is to direct the respondent Land Acquisition Officer to refer the matter to the court for fixing the compensation under S.20 of the Kerala Land Acquisition Act.

(2.) In O.P.No.2720/90 an award was passed and the petitioners received the cheque for the amount on 26-8-78. It was encashed on 29-8-78. They filed an application evidenced by Ext. P3 on the same day in which they made a protest regarding the compensation amount and requested the Land Acquisition Officer to refer the matter to court. No order on the petition has so far been communicated to them and hence the Original Petition is filed for a direction to the Land Acquisition Officer for referring the matter to the court.

(3.) In O.P.No.2842/90, in pursuance to the award the petitioner received the cheque for the amount due under the award on 6-5-78. Application for reference under S.20 of the Kerala Act was sent on 9-5-78. In that application he has staled that he received the amount under protest and that he is not satisfied with the award and the matter may be referred to the court. The application was sent by registered post on 9-5-1978 and it was received in the office on 10-5-78. In this case also no order has so far been communicated to the petitioner and the prayer is for a direction to refer the matter to court under the Land Acquisition Act.