IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 22954 of 2010(T) ------------------------------------- PETITIONER: ----------------- CHUNNAMBI KUNHIRAMAN, NEAR J.T.S., PILIKODE.P.O., KASARGODE DISTRICT. BY ADVS. SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, KANNUR-670301. 2. THE SPECIAL TAHASILDAR(L.A.) EZHIMALA NAVAL ACADEMY, PAYYANNUR-670307. BY GOVT. PLEADER BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 22954 OF 2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF 28A APPLICATION DT. 18.12.04 FILED BY THE PETITIONER P2: COPY OF 28A APPLICATION DT. 17.6.05 FILED BY THE PETITIONER P3: COPY OF PROCEEDINGS DT. 18.3.09 P4: COPY OF 28A (3) APPLICATION DT. 27.4.09 FILED BY THE PETITIONER'S P5: COPY OF NOTICE DT. 12.10.09 OF THE 2ND RESPONDENT P6: COPY OF REPLY DT. 21.10.09 FILED BY THE PETITIONER P7: COPY OF PROCEEDING NO. REF.D.DIS. 1136/09/D DT. 26.12.09 OF THE 2ND RESPONDENT P8: COPY OF REPRESENTATION DT. 23.1.10 FILED BY THE PETITIONER RESPONDENTS' EXHIBITS: NIL \\TRUE COPY\\ PA TO JUDGE JM HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 22954 of 2010 --------------------------------------- Dated this the 20th day of December 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P3 & Ext.P7 and for a direction commanding the respondents to refer Ext.P7 application filed under Section 28A(3) of the Land Acquisition Act to the Sub Court, Payyannur for adjudication. 2. The petitioner is aggrieved by the rejection of Ext.P4 application for reference on the ground that the same is not submitted in Form No.22A of the Kerala Land Acquisition (Kerala) Rules. The learned counsel for the petitioner relied on the decision reported in Jameson v. State of Kerala (2006 (3) KLT 186). In the said decision this Court held that Rule 16A to the extent which it provides an application would be filed in form 22A for reference to court, is ultra vires the Act. It is contended that the Government has no power or authority to insist that the application for reference under Section 28A(3) should be filed in W.P.(C) No.22954/2010 2 Form No.22A of the Land Acquisition (Kerala) Rules. The learned counsel for the petitioner requests this Court to issue a direction to the 2nd respondent to reconsider the application filed under Section 28A(3) in the light of the decision reported in Aboobacker v. District Collector (2011 (3) KLT 822). In these circumstances, Ext.P7 order is quashed. The writ petition is disposed of directing the 2nd respondent to reconsider the application filed under Section 28A(3) and pass appropriate orders in the light of the principles laid down by this Court in the decisions referred within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall furnish copies of the decisions in Jameson v. State of Kerala (2006 (3) KLT 186) and Aboobacker v. District Collector (2011 (3) KLT 822) before the 2nd respondent for reference. HARUN-UL-RASHID JUDGE al