IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 35431 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. KUMARIDEVI, W/O.S.SUDHAKARAN, VATTAVILA VEEDU (KARTHIKA), NEDUMPANA VILLAGE, KOLLAM. 2. E.SKRIYA, S/O.ITTE CHERIA, ALUVILA CHARUVILA VEEDU, NEDUMPANA, KOLLAM. 3. PADMAKSHY, D/O.NARAYANI, MUKALUVILA PUTHEN VEEDU, NEDUMPANAKA CHERY, NEDUMPANA VILLAGE, KOLLAM. 4. THANKAMMA, W/O.SKRIYA, PANAYL PURAIDATHIL, NEDUMPANAKKAL CHERRY, NEDUMPANA VILLAGE. 5. SHAJAHAN, S/O.ABDUL LATHEEF, VALIYAVILAPADINJATTATHIL, NEDUMPANA P.O. KOLLAM. 6. ABIDA BEEVI, THEDAVILA VEEDU, NEDUMPANAKKAL CHERRY, NEDUMPANA, KOLLAM. 7. P.S.LEELAMMA, PANAYIL VEEDU, NEDUMPANAKKAL CHERRY, NEDUMPANA P.O., KOLLAM. 8. FAZEELATH BEEVI, THEKKECHARUVILA VEEDU, MUTTAKKAVU, NEDUMPANA P.O., KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. Writ Petition No.35431/2009 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR, K.I.P. NO.IX, KOTTIYAM, KOLLAM. MS.K.R.DEEPA, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.35431 of 2009 (Y) -------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P4 series of notices issued by the 3rd respondent rejecting the applications made by the petitioners under Section 28A of the Land Acquisition Act on the ground that the applications made by the petitioners were not accompanied by certified copy of the awards. 2. The learned counsel for the petitioners submits that the applications having been made within the time prescribed, these could not have been rejected for the aforesaid reason and placed reliance on the judgment of this Court in Balakrishnan v. Spl. Tahsildar (2006(3) KLT 1000). 3. A reading of the aforesaid judgment shows that it has been held that if an application has been made within the time limit prescribed in Section 28A (1) of the Land Acquisition Act, such an application cannot be rejected for the reason that the same is not accompanied by certified copy of the award. Ext.P4 series of notices WP(C) No.35431/2009 -2- impugned in this writ petition shows that the only reason pointed out is that certified copy of award was not enclosed. If that be the only reason for rejection, Ext.P4 series of notices are against the principles laid down in the judgment relied on by the learned counsel for the petitioners. 4. Accordingly, Ext.P4 series of notices impugned in this writ petition are set aside, and the writ petition is disposed of directing the 3rd respondent to entertain the applications made by the petitioners under Section 28A of the Land Acquisition Act ignoring the fact that the applications were not accompanied by certified copy of the awards provided, the applications made by the petitioners have been received within the time limit prescribed under Section 28A(1) of the Land Acquisition Act. The petitioners shall produce a copy of this judgment before the 3rd respondent, who shall take expeditious action in this matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg