RAMAN Vs. SPECIAL TAHSILDAR KOZHIKODE

JUDGEMENT

(1.) The Original Petition filed under Art.226 of the Constitution of India is for the issue of a writ of certiorari or any other appropriate writ or direction and to quash Ext. P-3 notice issued to the petitioners by the first respondent under sub-section (2) of S.12 of the Kerala Land Acquisition Act, 1961 (Act 21 of 1962) hereinafter referred to as the Act, about the passing of an award under S.11 of the Act. The petitioners claim to be the tenants of the shop buildings in the property comprised in T. S. No. 323/1, Ward IX, Block 10, of the Calicut City. A portion of the property along with the shop buildings has been acquired by the State under the Act. The dispute raised in the Original Petition relates to the interpretation of S.11 of the Act which is in these terms.

(2.) S.11 of the Act requires that the award of the Collector shall be made of (i) the true area of the land; (ii) the compensation which in his opinion shall be allowed for the land; and (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land.

(3.) S.20 contained in Part III of the Act enables any person interested, who has not accepted the award to require the Collector to refer his objection to the measurement of the land, the amount of the compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested, for the decision of the court. Part III of the Act deals with the reference to court and procedure thereon. Part IV of the Act which deals with apportionment of compensation consists only of two sections, S.31 and 32. S.31 and 32 of the Act are in these terms: