Kadir vs State of Kerala

K.A. Abdul Gafoor, J.—Certain facts are not in dispute. An award was passed in respect of the property of the petitioner. It is stated that the petitioner obtained the property in question as per Document No. 3589/1122 of Alangad Sub Registry. There was an enquiry u/s 9 of the Land Acquisition Act. The petitioner did not participate in the said enquiry, as according to him, he did not receive any notice. Whether that be, the respondents did not issue notice issue in terms of Section 12 of the Land Acquisition Act. As per Clause B of Section 18(2) of the Act, the petitioner has to seek reference within six weeks from the date of receipt of such notice. According to him, he did not prefer application for reference u/s 18 of the Act. These are the admitted facts.

Petitioner approached this Court for a direction to the respondents to refer his case to the Civil Court.

This petition is resisted by the respondents. The award amount had been paid to the petitioner on 28.2.92 and the petitioner had made protest on receipt of such amount. He had requested for reference to Civil Court, u/s 18 of the Act. But his request had been rejected "as he has not filed any claim statement at the time of award enquiry". This is the only reason why his request for reference is not accepted by the Land Acquisition Officer.

There is no stipulation that filing of a claim statement at the time of award enquiry is a pre-requisite to seek reference. So the reason stated by the respondents has no legal basis.

In the above circumstances, this Original Petition is disposed of directing the second respondent to refer the case of the petitioner to Civil Court in accordance with law, expeditiously.