IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 33886 of 2010(I) ------------------------------------- PETITIONERS: --------------------- 1. MEETHAL MOHAMMED KUNHI, MEETHAL HOUSE, ETTIKKULAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MEETHAL KUNHI MOOSAN, MEETHAL HOUSE, ETTIKKULAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. MEETHAL KASSIM, MEETHAL HOUSE, ETTIKKULAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. MEETHAL MUSTHAFA, MEETHAL HOUSE, ETTIKKULAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. PETITIONERS 1 TO 3 REPRESENTED BY 4TH PETITIONER, THE POWER OF ATTORNEY HOLDER MEETHAL MUSTHAFA, MEETHAL HOUSE, ETTIKULAM POST, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.SERGI JOSEPH THOMAS, SRI.K.M.AUGUSTINE. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KANNUR, PIN- 670 001. 2. THE SPECIAL TAHASILDAR (L.A.), EZHIMALA NAVAL ACADEMY, PAYYANNUR- 670 301. R1 BY SR. GOVT. PLEADER SRI. C.R. SHYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, ALONG WITH W.P.(C). NO. 33985 OF 2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.33886/2010-I: APPENDIX PETITIONERS' EXHIBITS:- EXT.P.1: COPY OF THE SEC. 28A APPLICATION DTD. 11/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.2: COPY OF THE SEC. 28A APPLICATION DTD. 11/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.3: COPY OF THE SEC. 28A APPLICATION DTD. 11/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.4: COPY OF THE SEC. 28A APPLICATION DTD. 28/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.5: COPY OF THE SEC. 28A APPLICATION DTD. 28/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.6: COPY OF THE SEC. 28A APPLICATION DTD. 28/05/1998 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.7: COPY OF THE SEC. 28A APPLICATION DTD. 30/12/2004 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.8: COPY OF THE SEC. 28A APPLICATION DTD. 30/12/2004 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.9: COPY OF THE SEC. 28A APPLICATION DTD. 07/10/2006 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.10: COPY OF THE PROCEEDINGS REF. D. DIS. 636/05/C. DTD. 04/02/2009 OF THE R.2. EXT.P.11: COPY OF THE SEC. 28A (3) APPLICATION DTD. 18/03/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.12: COPY OF THE PROCEEDINGS REF. D. DIS. C 1750/05 DTD. 07/03/2009 OF THE R.2. EXT.P.13: COPY OF THE SEC. 28A (3) APPLICATION DTD. 23/04/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.14: COPY OF THE PROCEEDINGS NO.D. DIS. 779/05 DTD. 24/03/2009 OF THE R.2. EXT.P.15: COPY OF THE APPLICATION FILED U/S. 28A (3) DTD. 30/04/2009 SUBMITTED BEFORE THE R.2. EXT.P.16: COPY OF THE PROCEEDINGS NO.D. DIS. 1222/06/C. DTD. 30/04/2009 OF THE R.2. EXT.P.17: COPY OF THE APPLICATION FILED U/S. 28A (3) DT.D 20/06/2009 SUBMITTED BEFORE THE R.2. EXT.P.18: COPY OF THE STATEMENT DTD. 25/08/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. W.P.(C).NO.33886/2010-I: EXT.P.19: COPY OF THE PROCEEDINGS NO.D.711/09 D.DIS. DATED 18/12/2009 OF THE R.2. EXT.P.20: COPY OF THE STATEMENT DTD. 05/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.21: COPY OF THE PROCEEDINGS NO.D.1057/09 D.DIS. 1222/06/C. DTD 28/12/2009 OF THE R.2. EXT.P.22: COPY OF THE STATEMENT DTD. 13/11/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.23: COPY OF THE PROCEEDING NO.D. 1169/09 D. DIS. DTD. 02/01/2009 OF THE R.2. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.33886 OF 2010 & W.P.(C).NO.33985 OF 2010 ................................................................... Dated this the 18th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. These are cases where the applications under Section 28 A (3) submitted by the petitioners were rejected by the Land Acquisition Officer stating reason that they are not submitted in Form No.22 A of the Rules. 2. Sri. K.M. Augustine, learned counsel for the petitioners draws our attention to the judgment of this Court in Aboobacker v. District Collector (2011 (3) KLT 822) to which one among us – PCK(J) is a party. It has been held that Rule 16 A of the Land Acquisition Rules, 1990 is ultravires of the Act to the extent to which it provides that the reference application should be in Form No.22 A. 3. Sri. C.R. Shyam Kumar, learned Senior Government Pleader, submitted that the Land Acquisition Officer can be directed to reconsider the Section 28 A (3) applications filed by the petitioners in the light of the judgment in Aboobacker v. District Collector (2011 (3) KLT 822). W.P.(C).NO.33886 OF 2010 & W.P.(C).NO.33985 OF 2010 : 2 : Under these circumstances, we allow both the writ petitions. Exts.P19,21 and 23 in W.P.(C )No.33886/2010 and Exts.P18 and P19 in W.P.(C )No.33985/2010 are quashed. The second respondent – Land Acquisition Officer is directed to reconsider the applications under Section 28 A(3) filed by the petitioners and pass fresh orders on those applications in the light of the principles laid down by this Court in Aboobacker v. District Collector (2011 (3) KLT 822). Needful in compliance with this direction shall be done by the second respondent at the earliest and at any rate within six weeks of getting a copy of this judgment. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl