1 O.P.(C) NO.2371 OF 2023 2025:KER:23406 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 O.P.(C) NO.2371 OF 2023 (AGAINST THE ORDER/JUDGMENT DATED 09.06.2023 IN LAR NO.35 OF 2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI / II ADDITIONAL MACT, MANJERI) PETITIONERS/CLAIMANTS/CLAIMANTS: 1 RAMBHA MENON, AGED 62 YEARS, D/O. N.V. JANARDHANA MENON, (NRIC NO.671002-01-5730) 58 JALAN SP 10/5 BANDAR SUAJANA PUTRA-42610 JENJAROM, SELANGOR, MALAYSIA, REP. BY POA HOLDER V. RAJENDRAN, S/O. VELAYUDHAN NAIR, (NEW PASSPORT NO.A 57392881, OLD PASSPORT NO.A4 1190 999) (OVERSEAS CITIZEN OF INDIA CARD HOLDER NO.A 2486227) PANCARD NO.CXSPR5913A) OF A 201, CASAVENICIA CONDOMINIMUM, JALAN BUKIT IDMAN, 1/15, BUKIT- IDMAN, BATU CAVES, SELANGOR, MALAYSIA, PIN - 68100 2 DWIJENDRA MENON, AGED 62 YEARS, S/O. N.V. JANARDHANA MENON, (NRIC NO.740102-01-6841) OF 38, JALAN BUKIT 11/2, 46200 PETALING JAYA, SELANGOR, MALAYSIA, REP. BY POA HOLDER V. RAJENDRAN, S/O. VELAYUDHAN NAIR, (NEW PASSPORT NO.A 57392881, OLD PASSPORT NO.A4 1190 999) (OVERSEAS CITIZEN OF INDIA CARD HOLDER NO.A 2486227) PANCARD NO.CXSPR5913A) OF A 201, CASAVENICIA CONDOMINIMUM, JALAN BUKIT IDMAN, 1/15, BUKIT IDMAN, BATU CAVES, SELANGOR, MALAYSIA, PIN - 68100 3 YASODHARA, AGED 62 YEARS, D/O. N.V. JANARDHANA MENON, (NRIC NO.75090-01-5602) OF A-3A-6 SAVILLE @ THE PARK, JALAN PANTAI, MURNI 8, BANGSAR SOUTH, 59200 KUALA LUMPUR, WILAYATH PERSEKUTUAN (KL), MALAYSIA, REP. BY POA HOLDER V. RAJENDRAN, S/O. VELAYUDHAN NAIR, (NEW PASSPORT NO.A 57392881, OLD PASSPORT NO.A4 1190 999) (OVERSEAS CITIZEN OF INDIA CARD HOLDER NO.A 2486227) PANCARD 2 O.P.(C) NO.2371 OF 2023 2025:KER:23406 NO.CXSPR5913A) OF A 201, CASAVENICIA CONDOMINIMUM, JALAN BUKIT IDMAN, 1/15, BUKIT-IDMAN, 68100 BATU CAVES, SELANGOR, MALAYSIA, PIN - 68100 BY ADVS. K.SUJAI SATHIAN PREETHI. P.V. M.V.BALAGOPAL MARY LIYA SABU GOURI MEEMPAT SANGEETHA SREEKUMAR T.SETHUMADHAVAN (SR.) RESPONDENTS/RESPONDENTS/RESPONDENTS: 1 THE DISTRICT COLLECTOR, MALAPPURAM. COLLECTORATE, CIVIL STATION, MALAPPURAM, PIN – 676 505 2 THE PRINCIPAL, CHMKM GOVERNMENT ARTS AND SCIENCE COLLEGE, TANUR, K. PURAM P.O., MALAPPURAM DISTRICT, PIN – 676 307 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 3.11.2023, THE COURT ON 19.03.2025 DELIVERED THE FOLLOWING: 3 O.P.(C) NO.2371 OF 2023 2025:KER:23406 JUDGMENT (Dated: 19th March, 2025) The petitioners are the claimants in LAR No.35 of 2022 on the files of the Additional District Court-II, Manjeri. They are the owners of the property having an extent of 2.1002 hectares of land in Ozhur Village, Tirur Taluk in Malappuram District. The land was acquired for the construction of C.H.M.K.M. Government Arts and Science College, Tanur, and an award was passed as award No.1 of 2022. A sum of Rs.6,90,63,405/-, was deposited before the LARR Authority under Section 77(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. Before the authority, the claimants were represented through a power of attorney holder. After the award was passed in LAR No.35 of 2022, an application was filed as Ext.P1 accompanied by an affidavit for issuance of the cheque for the award amount. The power of attorney 4 O.P.(C) NO.2371 OF 2023 2025:KER:23406 application was attested by a notary and was also produced before this Court. The reference court by Ext.P3, dismissed the cheque application taking note of the judgment of this court in W.P.(C) No. 4249 of 2007, wherein, this Court has held that in land acquisition reference cases, the cheque can only be issued in the name of the claimant/party and not in the name of any person who is authorized on his behalf. In W.P.(C) No.10354 of 2010 also, the same direction was issued. The judgment of both the writ petitions was based on an OM issued by this Court on 12.02.1996, wherein, the direction was given to all Subordinate judicial officers in the State that cheques in the Land Acquisition Reference Case shall only be in the name of the parties. 2. Sri. T. Sethumadhavan, learned senior counsel appearing for the petitioner submits that the claimants were represented by power of attorney holder before the reference court. In all proceedings, the power of attorney holder has participated and what remains is the 5 O.P.(C) NO.2371 OF 2023 2025:KER:23406 receipt of the cheques in his name, as authorized by the power of attorney holder. The reference court has held that though the petitioners are Malaysian citizens and the power of attorney holder is also a Malaysian citizen who has opened an account in his name, the same is applicable to the claimants also, and they can very well come down to India and open an account with the OCI card and receive the amount in their name. Learned senior counsel further submits that the 1st claimant is not in a position to come down because of age- related issues. The 2nd claimant is the brother of the 1st claimant. The 2nd petitioner is ready to come down to India and receive the cheque in his name. Other claimants will also file an affidavit notarized by the embassy that the cheque can be issued in the name of the 2nd claimant for the entire amount of compensation payable to all the claimants. Therefore, Ext.P3 is set aside, and the reference court is directed to reconsider the issue on the basis of the new developments. 6 O.P.(C) NO.2371 OF 2023 2025:KER:23406 Therefore, this Original Petition (C) is disposed of as follows: 1. The 2nd claimant by name Dwijendra Menon will appear before the reference court and file an application to issue a cheque in his name for the entire amount where the 1st and 3rd claimants are also entitled to. 2. He will also produce affidavits of 1st and 3rd claimants as authorizing him to receive the amounts on their behalf in his name. 3. The affidavit shall be attested by the embassy of Malaysia. If these two conditions are followed, the reference court is directed to consider the application and pass orders accordingly. Sd/- BASANT BALAJI, JUDGE ss 7 O.P.(C) NO.2371 OF 2023 2025:KER:23406 APPENDIX OF OP(C) 2371/2023 PETITIONER EXHIBITS Exhibit P1 A. TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER ACCOMPANIED WITH THE AFFIDAVIT DATED 18.04.2023 Exhibit P2 A. TRUE COPY OF THE POWER OF ATTORNEY Exhibit P3 A. TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT JUDGE II MANJERI IN CHEQUE APPLICATION NO: 4/2023 IN LAR NO: 35/2022