IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 35055 of 2009(B) --------------------------------- PETITIONER: --------------- N.P.P.KADEEJA, AGED 40 YEARS, W/O. C.V.MOHAMMED HANEEF, RAMANTHALI AMSOM DESOM, ETTIKULAM, KANNUR DISTRICT. BY ADV. MR.V.N.RAMESAN NAMBISAN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (L.A.) NAVAL ACADEMY, PAYYANNUR. ADV.MRS. K.R. DEEPA – GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35055 OF 2009 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner seeks for a direction to the 2nd respondent to consider Exhibit P4 application filed under Section 28A(3) of the Land Acquisition Act and take steps to redetermine the compensation. 2. The property of the petitioner having an extent of 0.2710 hectares comprised in various survey numbers of Ramanthali village was acquired for the purpose of Naval Academy, Payyannur. Earlier an application was filed under Section 28A(1) of the Land Acquisition Act relying upon the judgment in L.A.R No.120/87. The same was rejected as per Exhibit P1 order stating that the Award amount was received without lodging any protest. Reliance was placed on the decision of this Court in State of Kerala vs. Kumaran Nair (2001(1) KLJ 343). It is pointed out by the learned counsel for the petitioner that the same is no longer good in the light of the W.P.(C) No.35055/2009 2 various decisions of the Apex Court and also in the light of the Full Bench decision in Krishnan Kutty vs. The Special Tahsildar (2003(3) KLT 705). 3. The petitioner filed a fresh application seeking to redetermine the compensation by relying upon another judgment in L.A.R.No.6/99 which was rejected stating that it amounts to duplication. The petitioner thereafter filed Exhibit P4 application under Section 28A(3) of the Land Acquisition Act seeking to refer the matter to the civil court. Learned counsel for the petitioner prayed for a direction to the 2nd respondent to consider and pass orders on Exhibit P4 application in accordance with law. There will be a direction to the 2nd respondent to take appropriate action as enjoined by law on Exhibit P4 application within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp