IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 12519 of 2007(M) --------------------------------------- PETITIONERS: ------------------ 1. FATHIMA BEEVI,D/O.P.M.KUNJO, AGED 58 YEARS, POOCHANAMPARAMBIL,RIFAJE MANZIL,NOW RESIDING AT KALATHIL, UZHUVAMURIYIL, VAYALAR EAST VILLAGE, REP.BY P/A HOLDER M.K.MOHAMMED RAJA, S/O.P.M.KUNJO , AGED 62 YEARS, POOCHANAMPARAMBIL, RIFAJE MANZIL NOW RESIDING AT POOCHANAMPARAMBIL, THOPPIL,PIPELINE ROAD, TRIKKAKARA P.O.,VAZHAKKALAVILLAGE, KOCHI-21. 2. M.K.MOHAMMED RAJA, S/O. P.M.KUNJO, AGED 62 YEARS, POOCHANAMPARAMBIL,RIFAJE MANZIL, KUTHIATHODU P.O., KUTHIATHODU VILLAGE, NOW RESIDING AT POOCHANAMPARAMBIL, THOPPIL, PIPE LINE ROAD, TRIKKAKARA P.O., VAZHAKKALA VILLAGE, KOCHI-21. 3. P.K.ABDUL KAREEM, S/O.P.M.KUNJO, AGED 56 YEARS, POOCHANAMPARAMBIL, RIFAJE MANZIL, KUTHIATHODU P.O. KUTHIATHODU VILLAGE, REP.BY POWER OF ATTORNYE HOLDER M.K.MOHAMMED RAJA, S/O. P.M.KUNJO, AGED 62 YEARS, POOCHABNAMPARAMBIL, RIFAJE MANZIL NOW RESIDING AT POOCHANAMPARAMBIL, THOPPIL, PIPE LINE ROAD, TRIKKAKARA P.O.,VAZHAKKALA VILLAGE, KOCHI-21. 4. P.K.MOHAMMED SALI, S/O. P.M.KUNJO, AGED 44 YEARS POOCHANAMPARAMBIL, RIFAJE MANZIL, KUTHIATHODU P.O., KUTHIATHODU VILLAGE, REP.BY P/A HOLDER M.K.MOHAMMED RAJA, S/O. P.M.KUNJO, AGED 62 YEARS, POOCHANAMPARAMBIL, RIFAJE MANZIL,NOW RESIDING AT POOCHANAMPARAMBIL, THOPPIL, PIPE LINE ROAD, TRIKKAKARA P.O.,VAZHAKKALA VILLAGE, KOCHI-21. 5. SUBAIDA, W/O LATE P.K.MAJEED, AGED 41 YEARS, POOCHANAMPARAMBIL, FIFAJE MANZIL, KUTHIATHODU P.O., KUTHIATHODU VILLAGE. 6. NISSIYA, D/O.LATE P.K.MAJEED, AGED 21 YEARS, POOCHANAMPARAMBIL, RIFAJE MANZIL, KUTHIATHODU P.O., KUTHIATHODU VILLAGE. BY ADV. SRI.M.P.ABRAHAM (SR.) SRI.ABEESH JOSE W.P.(C) NO.12519/2007 RESPONDENTS: ------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ALAPPUZHA. 3. SPECIAL TAHASILDAR, L.A.RAILWAY, CHERTHALA. 4. L.A.GENERAL, CIVIL STATION, ALAPPUZHA.(DELETED FROM PARTY ARRAY AS PER ORDER DT. 19.3.2008 IN IA. NO.3747/2008 BY SR. GOVERNMENT PLEADER SMT.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12519/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE AWARD DT./ 20.9.1985 IN THE NAME OF IST PETITIONER. EXT.P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS DT. 8.10.1985. EXT.P3:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER, DT. 8.11.1985. EXT.P4:- COPY OF THE POSTAL RECEIPT DT. 8.11.1985. EXT.P5:- COPY OF THE POWER OF ATTORNEY IN FAVOUR OF 2ND PETITIONER. EXT.P6:- COPY OF THE LETTER ISSUED BY 2ND PETITIONER TO THE 2ND RESPONDENTS. EXT.P7:- COPY OF THE COMPLAINT DT. 31.8.2003 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P8:- COPY OF THE LETTER DT. 10.8.2004 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P9:-COP LETTER DT. 11.1.2005 ISSUED FROM COLLECTORATE, ALAPPUZHA. /TRUE COPY/ P.A. TO JUDGE tss K.PADMANABHAN NAIR, J = = = = = = = = = = = = = = = = W.P.(C).No. 12519 OF 2007 = = = = = = = = = = = = = Dated this the 1st day of April, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The grievance of the petitioners is that Ext.P3 application filed under Section 18(1), by them on 8.11.1985, is not yet disposed of. Learned Government Pleader on instructions submits that in this case Section 12(2) notice was received by the first petitioner on 20.9.1985 and Ext.P3 application was filed on 8.11.85, beyond the period of limitation prescribed under the Act. So, the petitioners are not entitled to get a direction to consider the 18(1) application. But this will not debar the petitioners from claiming under Section 28A, if the same is permissible under law. In the result, the writ petition is disposed of in the above terms. K.PADMANABHAN NAIR, JUDGE bkn/-