LIONEL FLHER Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) 1.13 Ares of land in survey No.2841 (L.A.Re- sy.No.2841/2) of Vanchiyoor Village in Thiruvananthapuram Taluk belonging to petitioner was acquired for widening LMS-Attakulangara road and compensation was awarded in LAC 82/05. This petition is filed for a writ of mandamus directing second respondent, Special Tahsildar to disburse the amount awarded to the petitioner as compensation in the award. Case of the petitioner is that the award was passed on 17.12.05 and petitioner was directed to produce the documents and he produced them before the second respondent, but the compensation amount was not disbursed.

(2.) A counter affidavit was filed by second respondent admitting the acquisition and the award but contending that the amount was not disbursed awaiting final decision in W.P.(C) 5166/06. W.P. (C) 5166/06 was filed by the tenants occupying the building standing in the acquired property contending that only a portion of the building was acquired and the unacquired portion cannot be demolished. On that ground respondents are not entitled to withhold the compensation payable to the petitioner. As pointed out by learned counsel appearing for petitioner, in counter affidavit itself second respondent admitted that petitioner had handedover possession of the property acquired on 25.12.05. If the case of the respondents is that physical possession of the building from the tenants was obtained, it is for the State to take actual possession. Petitioner is entitled to get the compensation awarded for the property acquired and taken possession by the State. Writ Petition is allowed. Second respondent is directed to disburse the compensation amount due to the petitioner within thirty days from the date of receipt of a copy of this judgment.