IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WA.No. 1094 of 2010() --------------------- AGAINST THE JUDGEMENT ODER IN RP.1150/2009 Dated 27/01/2010 .................... APPELLANT(S)/REVIEW PETITIONERS:- ------------------------------------------------------- 1. T.P.MOOSAKKOYA, S/O.SEEMAMU, RAHMATH MANZIL, P.O.MELANGADI, KONDOTTY, MALAPPURAM DISTRICT. 2. AMBALAPPATTA AHAMMEDKUTTY HAJI, S/O.ALAWIKUTTY, POST CHIRAYIL, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S)/RESPONDENTS:- ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE SPECIAL TAHSILDAR, LAND ACQUISITION (G), MALAPPURAM. GOVT.PLEADER SMT.T.B.REMANI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ============================================ W.A.No.1094 of 2010 ============================================ Dated this the 9th day of July, 2010. JUDGMENT Ramachandran Nair, J. Appellants were land owners whose land was acquired for the purpose of construction of a by- pass road. Admittedly, appellants received compensation amount without any protest and so much so, reference was not maintainable. Even though, under the impugned judgment, this Court gave freedom to file reference application under Section 28A based on award passed in any other case under same notification, appellants could not do the same. Consequently, appellants' claim for reference was rightly turned down and the learned single Judge in the writ petition and in the review petition dismissed the claim. We do not find any ground to interfere with the judgment under appeal. Further, in absolute WA1094/10 -:2:- terms, appellants would be gainers because, they have got a road by the side of the balance property they have. Writ appeal is dismissed. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.