M.N. KUTTAPPAN Vs. DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE

JUDGEMENT

(1.) The prayers in the writ petition are as follows:

(2.) Heard Sri.Benjamin Paul learned counsel for the petitioners and Sri.Jesitn Mathew, learned Government Pleader for the respondents.

(3.) Petitioners claim to be the legal heirs of late Sri. Narayanan, Molath Puthen Purayil, Ambalamughal who was the absolute owner and undisputed owner in possession of 1.54 Ares of property comprised in resurvey Block 39, Resurvey No.187/13 of Puthencruz village, Kunnathunadu Taluk, Ernakukam revenue district. It is stated Sri. Narayanan, had died intestate. The 2nd respondent-land acquisition officer has issued proceedings for acquiring the aforementioned property for expansion of Bharath Petroleum Corporation Limited (BPCL), Kochi Refinery, Ambalamughal on the basis of their requisition. Initially Ext. P3 award notice dated 19.09.2013 was issued under Form X [under Sec. 12 (2) of the 1894 Act], intimating that the matter is referred to the LAR Court concerned for resolution of the apportionment dispute among the claimants under section 31 (2) of the Land Acquisition Act, 1894. According to the petitioners, later the LAR Court had passed its award on the apportionment dispute under Sec. 31 (2) and thereafter the petitioners had received the money and immediately thereafter the petitioner has submitted Ext.p4 application dated 20.08.2015 requesting the 2nd respondent-Land Acquisition Officer immediately refer their claims for compensation under section 18 (2) of the Land Acquisition land Act, 1894. This Court had directed the LAR Court concerned to submit a report as to make available a copy of the award in LAR No. 20/2014 and also to appraise, on the above said apportionment dispute under Sec. 31 (2) in this case.