IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 6007 of 2008(M) ------------------------- PETITIONER: ------------ LEKSHMIKUTTY AMMA, D/O. PANKAJAKSHI AMMA, OOTHANAZHIKATHU VEEDU, PERUMON, KOLLAM DISTRICT. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOLLAM COLLECTORATE, KOLLAM. 2. SPECIAL TAHSILDAR, LAND ACQUISITION, KOLLAM. BY SR.GOVT.PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ---------------------------------- W.P.(C)No. 6007 OF 2008-M ----------------------------------------------------- DATED THIS THE 19TH DAY OF MARCH, 2008 J U D G M E N T The grievance of the petitioner is that though she filed an application under Section 28A as early as on 21.2.2003, the Land Acquisition Officer has not taken any action till date. 2. The learned Government Pleader on instructions submits that the petitioner had filed an application under Section 28A on 12.2.2004 and the same cannot be disposed of on account of the pendency of the appeal from the judgment relied on by the petitioner. It is submitted that challenging the judgment and decree passed in L.A.R.No.141/93, the State has filed an appeal as L.A.A.No.145/06 and the same is pending. Learned counsel appearing for the petitioner submits that the letter dated 12.2.2004 is only a reminder and the party had filed Section 28A application on 21.2.2003 and that fact is specifically referred to in Exhibit P1 application dated 12.2.2004. In view of the mandatory provisions under the Rules, the application can be W.P.(C)No.6007/08 -2- considered only after disposal of the appeal pending before this Court. In the result, the writ petition is disposed of as follows: 1) The Land Acquisition Officer is directed to keep the application filed by the petitioner pending till the disposal of the land acquisition appeal and consider the same and dispose of the same in accordance with law after the disposal of L.A.A.No.145/06. 2) It is open to the petitioner to produce a copy of this judgment and also documentary evidence, if any, to prove her contention that she filed Section 28A application on 21.2.2003. K.PADMANABHAN NAIR, JUDGE. dsn After the disposal of this writ petition, it is brought to my notice that L.A.A.No.145/06 was disposed of by this Court on 1.3.2007. So, the first direction in my writ petition has actually become infructuous. It is open to the petitioner or the Government to W.P.(C)No.6007/08 -3- produce a copy of the judgment in L.A.A.No.145/06. On receipt of the same, the Land Acquisition Officer shall consider the application and dispose of the same in accordance with law, as expeditiously as possible. 28.3.2008 K.PADMANABHAN NAIR, JUDGE. css