IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 34336 of 2009(J) --------------------------------------- PETITIONER(S): ---------------------- 1. SIVADASAN, CHERUVATHOOR KIZHAKKATHIL, KOTHAPURAM, KARALI JUNCTION P.O., WEST KALLADA. 2. SOMAVALLI AMMA, SOMASADANAM, KOTHAPURAM, WEST KALLADA. 3. HITLER, REP. BY POWER OF ATTORNEY HOLDER BEN, THATTUVEETIL CHARUVIL KOTHAPURAM, WEST KALLADA. BY ADV. MR.PRATHEESH.P RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR, (L.A.) RAILWAYS-I, KOLLAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.34336 OF 2009 ............................................ DATED THIS THE 9TH DAY OF DECEMBER, 2009 JUDGMENT Heard. The impugned Ext.P3 series issued in printed form states that the applications filed by the petitioners under Section 28(A)(1) of the Land Acquisition Act, are barred by limitation. No reason for such conclusion is stated. No relevant facts are stated in Ext.P3 series. It is also apparent that the petitioners were not heard before issuing such order. For the aforesaid reasons, the impugned Ext.P3(a) and P3(b) are quashed and it is ordered that the request of the petitioners will be taken back and decided upon in accordance with law, including on the question of limitation after giving the petitioners an opportunity of hearing. Let the needful be done within an outer limit of six months from the Wpc 34336/09 2 date of receipt of a copy of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/12