IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 18466 of 2008(W) -------------------------- PETITIONER: ------------ A.ABDUL RASHEED,S/O.LATE ABUSALI AGED 45 YEARS, RESIDING AT FAIZAL MANZIL, HARBOUR ROAD, VETTUVILA, VIZHINJAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENTS: ------------- 1. DISTRICT COLLECTOR,COLLECTORATE THIRUVANANTHAPURAM 2. THE SPECIAL TAHSILDAR LAND ACQUISITION (N.H.) P.M.G.THIRUVANANTHAPURAM 3. STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENTS, THIRUVANANTHAPURAM. BY BY G.P. SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18466/2008 APPENDIX PETITIONER'S EXHIBITS; EXT.P1; COPY OF NOTICE UNDER SECTION 9 (3) DATED 12.3.2003. EXT.P2; COPY OF THE CLAIM STATEMENT DATED 29.3.2003. EXT.P3: COPY OF THE AWARD DATED 18.9.2003 AND THE STATEMENT OF AWARD WITH SUBSEQUENT CORRECTIOSN AND REVISIONS. EXT.P4; COPY OF NOTICE DATED 23.9.2003. EXT.P5; COPY OF THE DELIVERY LIST PREPARED ON 6.10.2003 WHILE TAKING POSESSION OF THE ACQUIRED PROEPRTY AND SIGNED BY PETITIONER'S FATHER ON HIS BEHALF. EXT.P6; COPY OF THE POWER OF ATTORNEY DATED 10.10.2003. EXT.P7; COPY OF APPLICATION FOR REFERENCE DATED 18.10.2003. EXT.P8; COPY OF THE CHELLAN IN FORM DATED 17.11.2003. EXT.P9; COPY OF THE APPLICATIN FOR REFERENCE DATED 17.11.2003 EXT.P10; COPY OF THE DEATH CERTIFICTE DATED 9.8.2004 /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 18466 of 2008 ---------------------------------- Dated this the 4th day of August , 2008 JUDGMENT The grievance voiced by the petitioner is that no orders have been passed by the land acquisition officer on applications submitted by him for reference under Section 18. The learned Government Pleader submitted on 22.7.2008, on the basis of the written instructions received, that no reference applications were filed by the petitioner within the statutory time limit. The Government Pleader was therefore directed to get instructions on the specific question as to whether any reference application within or beyond the time limit was submitted by the petitioner. The Government Pleader now submits that no reference application and much less Exts.P7 and p9 were received by the land Acquisition officer. That being the position, I find it difficult to grant relief to the petitioner. It is seen that pursuant to the relevant Section 4 notification other properties were also acquired and I am told that at the instance of others, references under WPC No.18466/2008 2 Section 18 have been registered. It is always open to the petitioner to rely on the court judgments only in such reference and apply for redetermination of compensation under Section 28A of the Land Acquisition Act. With the above observations, this writ petition will stand dismissed. PIUS C. KURIAKOSE JUDGE dpk