IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 37839 of 2007(N) -------------------------- PETITIONER: -------------- UNNI, PORAKKAL (AKKAL) HOUSE, MANAKKAD KARA, THODUPUZHA. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT/RESPONDENT: ---------------------------------- THE REVENUE DIVISIONAL OFFICER, IDUKKI (LAND ACQUISITION OFFICER IN CHARGE). BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR,J ==================== W.P. (C) No.37839 of 2007 ====================== Dated this the 8th day of January, 2008 JUDGMENT The grievance of the petitioner is that application filed by him under Section 28-A of the Land Acquisition Act is being dragged unnecessarily by the Land Acquisition Officer. Properties belonging to the petitioner were acquired. He did not file application under Section 18. But subsequently he filed application under Section 28-A on the ground that some other properties were also acquired under the very same notification and in respect of those properties there was reference to the sub court as L.A.R.No.46/2002 and sub court ordered enhancement. The petitioner filed application under Section 28 A of the Act. The same is kept pending by the Land Acquisition Officer without any orders. The learned Government Pleader, on instructions, submits that the Land Acquisition Officer had received 28-A application on 23.12.2004 and pending. The learned Government Pleader further submits that the application dated 20.12.2004 was received by the respondent on 23.12.2004. It is submitted that due to paucity of funds the award could not W.P.(C).No.37839/2007 2 be passed. 2. Paucity of funds cannot be a reason for delaying the matter. Petitioner is to be paid interest also. So there is absolutely no justification in keeping the matter pending. So the writ petition can be disposed of with a direction to redetermine the amount due to the petitioner and pay the same within a time frame. In case of any further delay the entire interest payable is to be recovered from the salary of the officers requisitioning authority and the Land Acquisition Officer. In the result the writ petition is disposed of in the following manner: There will be a direction to the respondent to redetermine the compensation due to the petitioner and issue cheque to him as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment by the respondent. It is made clear that if the amount is not paid within the time granted the entire interest due to the petitioner is to be paid by the officers concerned and not from the Government funds. Communicate a copy of this judgment to the District Collector as W.P.(C).No.37839/2007 3 well as the Land Revenue Commissioner for necessary action. The petitioner may produce a copy of this judgment before the respondent for compliance. K.PADMANABHAN NAIR, JUDGE dvs