JANAMMA PUTHEN THARAYIL Vs. STATE OF KERALA

JUDGEMENT

(1.) When the Writ Petition came up for admission on 13-03-2006, the Government Pleader appeared for the respondents and sought time to get instructions. The case was thereafter posted on several occasions. Till today, the Government Pleader has not received any instructions in the matter. Therefore, the Writ Petition is being disposed of on the merits.

(2.) Lands belonging to the petitioners were acquired for the purpose of National Thermal Power Corporation. Award No. 465/92 was passed. Applications were submitted by the petitioners under Section 18 of the Land Acquisition Act for reference. The petitioners did not receive any communication from the reference court or from the office of the second respondent, District Collector. The petitioners filed representations before the third respondent, The Special Tahsildar, Land Acquisition (General). Third respondent issued Exts. P1 to P7 letters to the petitioners individually stating that the reference was made to the Sub Court, Mavelikkara. It is stated that on enquiry, the Writ Petitioners came to know that no such references have been received by the Sub Court, Mavelikkara, as mentioned in Exts. P1 to P7 letters. Thereupon, the petitioners individually caused to issue Exts. P8 to P14 lawyer notices to the third respondent that the award was not sent on the date mentioned in the letter issued by the third respondent. The third respondent was requested to take necessary steps immediately. Ne reply was issued by the third respondent to Exts. P8 to P14 lawyer notices. The prayer in the Writ Petition is to issue a writ of mandamus or any other appropriate writ, direction or order to refer the cases to the Sub Court, Mavelikkara.

(3.) When an application for reference is made, it shall be dealt with promptly. Rule 16A(2) of the Land Acquisition (Kerala) Rules, 1990 states that as soon as the reference application is received, the Land Acquisition Officer shall make necessary entries in the Register in Form Nos. 21 and 23. Rule 377 of the Civil Rules of Practice provides that when a reference is made by the Collector, the reference shall be accompanied by the records which form the basis of the reference. Rule 378(3) of the Civil Rules of Practice states that the application before the Collector for reference shall be treated as a plaint and investigation shall be with reference to the Claim made therein. Proviso too Rule 16 of the Land Acquisition (Kerala) Rules states that in the case of application presented to the Land Acquisition Officer for reference to Court, it shall be referred within a period of six months from the date of receipt of the application.