IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 RP.No. 293 of 2008(V) --------------------- (AGAINST THE JUDGMENT IN O.P.NO.32524/2000) REVIEW PETITIONERS/RESPONDENTS ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (L.A.), PERIYAR VALLEY IRRIGATION PROJECTS, KAKKANADU, CIVIL STATION, ERNAKULAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI. RESPONDENTS: PETITIONER ----------------------- JOSEPH, S/O. LATE IYPE THOMAS, MULLACKAL, POOTHRIKKA, KOLENCHERRY. BY ADV. SRI.P.V.BABY. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- R.P.No.293 of 2008 in O.P.No.32524 of 2000 ------------------------------- Dated this the 17th March, 2008. O R D E R Heard both sides. In this case, the applications filed by the petitioner under Sections 28A and 28A(3) of the Land Acquisition Act were rejected by the Special Tahsildar. Challenging those orders, the Original Petition was filed. This Court directed the Land Acquisition Officer to refer the matter to the Civil Court. After considering the facts of this case, I am of the view that the proper procedure ought to have been to quash the orders passed by the Special Tahsildar, and direct him to re-consider the same. Hence, to that extent, there is an error apparent on the face of the record. So, the Review Petition is only to be allowed. Post the Original petition for hearing. Accordingly, the Review Petition is allowed. K.PADMANABHAN NAIR, JUDGE nj.