IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WA.No. 1186 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.10642/2007 Dated 25/02/2008 .................... APPELLANTS: RESPONDENTS & ADDL. 4TH RESPONDENT IN WPC. --------------------- 1. THE SPECIAL STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT,SECRETARIAT, THIRUVANANATHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHASWILDAR, (LA) KIP KOLLAM, KOTTIYAM, KOLLAM. 4. STATE OF KERALA, REPRSENTED BY ITS LAND REVENUE COMMISSIONER.,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.D.ANIL KUMAR RESPONDENTS: ------------------------ 1. ANNAMMA.G., DHANYA, PERUMPUZHA, KUNDARA, KOLLAM. 2. G.THOMAS PANICKER ARAPPURA PUTHEN VEEDU, PERUMPUZHA CHERRY, KUNDARA, KOLLAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1186 OF 2008 () ----------------------------------- Dated this the 19th day of September, 2008 J U D G M E N T KOSHY,J. Respondents approached this Court for referring the applications filed by them under Section 28A(3) of the Land Acquisition Act. The learned Single Judge has directed to dispose of the above applications in accordance with the earlier judgment in similar cases dated 25.2.2008. The above judgment is marked as Annexure A1 in this appeal. In that judgment, in paragraph 23(2), the following direction was issued: “2. All applications filed under Sections 18, 28A and 28A(3) of the Act, pending as on today, shall be disposed of, on or before 31.5.2009. If all the applications pending as on this date is not disposed of, before 31.5.2009, thereafter, the State shall not issue any notification under Section 4(1) of the Act or continue the proceedings already initiated, until and unless all such W.A.1186/08 2 applications, except the applications which are to be kept pending, are disposed of.” It is the contention of the appellant Government that in view of the above, the on going acquisition of the State Government is being delayed. According to the contesting respondents in this appeal, they want only their application to be disposed of and they are not interested in the disposal of the general matters. Therefore, paragraph 23(2) of the Annexure A1 judgment is not applicable in the respondents/petitioners case but the petition filed under Section 28A(3) by the respondents/petitioners is directed to be disposed of as expeditiously as possible as directed by the learned Single Judge. Appeal is accordingly disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp W.A.1186/08 3 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th September, 2008