The petitioner claims possession and ownership rights over an extent of 11.5 cents of land in Chethipuzha Village. The said property has been acquired by the Government for the purpose of doubling the railway line between Chingavanam and Chenganoor. The 3rd respondent has also claimed ownership rights over the said land. The allegation of the petitioner is that, the 3rd respondent is trying to get the compensation amount disbursed. The petitioner has submitted Ext.P1 objections claiming right to receive the compensation amount. It is the case of the petitioner that, civil suits are pending between the parties before the Munsiff's Court, Changanassery as well as the District Court, Kottayam. The petitioner seeks the issue of appropriate directions to the 2nd respondent to consider Ext.P1 objections. The learned Government Pleader appears for respondents 1 and 2. In the nature of the relief that I propose to grant, I do not consider it necessary to issue notice to the 3rd respondent.
2. Heard. The statements made in the writ petition show that, civil disputes between the petitioner and the 3rd respondent are pending in various civil courts. Both the petitioner as well as the 3rd W.P.(C) No.31990 of 2014 2 respondent claim ownership rights over the property. In such a case, the proper course to be adopted by the 2nd respondent is to deposit the compensation amount before the Sub Court having jurisdiction over the area and to make a reference to the Sub Court under Section 31(2) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short).
In view of the above, this writ petition is disposed of directing the 2nd respondent to deposit the disputed compensation amount before the Sub Court having jurisdiction over the area and to make a reference to the said Court under Section 31(2) of the Act.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV