IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 33166 of 2007(W) ---------------------------------------- PETITIONER: ----------------- SAROJAM, AGED 55 YEARS, D/O.ACHUTHAN, 'SOUBHAGYA', THIRUVANGAD, THALASSERY, KANNUR. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: --------------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE SPECIAL TAHSILDAR, L.A (NH), KANNUR. BY SR. GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE NOICE DATED 4.5.1999 ISSUED BY THE THIRD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE AWARD DATED 6.3.2003 IN LAR NO.293/99 OF THE SUB COURT, THALASSERY. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 6.10.2003 FILED BEFORE THE SECOND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29.1.2004 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED BEFORE THE SECOND RESPONDENT. EXHIBIT P6 TRUE COY OF THE JUDGMENT DATED 2.6.2004 IN W.P(C) NO.16361/04 OF THE HONOURABLE HIGH COURT OF KERALA. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 20.3.2006 OF THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.33166 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 J U D G M E N T -------------------- Petitioner's property was acquired for a public purpose. She did not file any application for reference. Subsequently she filed an application under Section 28A of the Land Acquisition Act claiming enhancement based on a judgment rendered in LAR No.212 of 1996. Subsequently petitioner filed another application under Section 28A of the Act based on the judgment in LAR No.293 of 1999. That application was dismissed on the ground that no protest was made at the time of receipt of the cheque. Challenging that decision, petitioner filed Writ Petition No.16361 of 2004 before this Court. This Court set aside the order passed by the Land Acquisition Officer and directed him to reconsider the same. Thereafter, Land Acquisition Officer passed Exhibit P7 order dismissing the application filed by the petitioner on the ground that a second application for the same relief is not maintainable. 2. The reasoning given by the Land Acquisition Officer W.P(C) NO. 33166 OF 2007 -: 2 :- for dismissing the application is perverse and illegal. Earlier application was filed based on the judgment in LAR No.212 of 1996. Subsequent application was filed not based on the judgment in LAR No.212 of 1996, but based on the judgment rendered in LAR No.293 of 1999. Hence that is not a second application, but a first application based on that particular judgment. So the reasons stated by the third respondent- Land Acquisition Officer are unsustainable and liable to be set aside. In the result, Writ Petition is allowed. Exhibit P7 order passed by the third respondent is hereby set aside. The third respondent is directed to consider and pass appropriate orders on the second application filed by the petitioner in accordance with law, as expeditiously as possible. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH FEBRUARY, 2008