IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 6123 of 2008(D) ------------------------- PETITIONER: ------------ PRADEEPKUMAR, AGED 35, S/O. LATE CLEMENT, LUSY MANGALAM, MANAKKARA, SASTHAMKOTTA-690521, KOLLAM, KERALA. BY ADV. SRI.S.SUNIL NARAYANAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY,IRRIGATION DEPARTMENT TRIVANDRUM. 2. DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR, LA, KOTTIYAM, KOLLAM. BY SR.G.P. SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- W.P.(C) No.6123 of 2008 D ------------------------------------------------- Dated, this the 9th day of April, 2008 JUDGMENT The application filed by the petitioner under Section 28A of the Land Acquisition Act was dismissed on the ground that the properties involved in the application filed by the petitioner and the one considered by the Sub Court, Kollam in L.A.R.No.140/1996 belong to different categories. In Raghava Poduval v. Special Tahsidar (2004(3) KLT 261) this Court has held that the mere fact that the properties belong to different categories is not a ground to reject the application and in such cases the Land Acquisition Officer shall redetermine the compensation giving proportionate deduction. So the Ext.P5 order passed by the Land Acquisition Officer rejecting the application filed by the petitioner under Section 28A on the ground that the properties are belonging to different category is illegal and unsustainable and liable to be quashed. It is only just and proper that he reconsiders the application and passes fresh orders in accordance with law. In the Writ Petition is allowed. Ext.P5 order passed by the Land Acquisition Officer is hereby quashed. He is directed to take the application WP(C) No.6123/2008 2 filed by the petitioner under Section 28A of the Land Acquisition Act back to file and dispose of the same afresh in accordance with law. K. PADMANABHAN NAIR, JUDGE. cks