IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 628 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.21073/2008 Dated 16/07/2008 .................... APPELLANTS/PETITIONERS IN WPC: ----------------------------------------------------- 1. SHIJU, S/O.SHYAMALA DEVI, 34 YEARS, CHENJERI PUTHEN VEEDU, PADINJATTINKARA, KOTTARAKKARA TALUK, KOLLAM DISTRICT, NOW RESIDING AT PUTHENMADATHIL VEEDU, PERINGAZHA KARA, H.M.T.COLONY, KALAMASSERY, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN 683 503. 2. SHIBU, S/O.SHYAMALA DEVI, AGED 30 YEARS, CHENJERI PUTHEN VEEDU, PADINJATTINKARA, KOTTARAKKARA TALUK, KOLLAM DISTRICT, NOW RESIDING AT PUTHENMADATHIL VEEDU, PERINGAZHA KARA, H.M.T.COLONY, KALAMASSERY, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN 683 503. 3. SYAMALA DEVI, D/O.SARALA DEVI, AGED 60, CHENJERI PUTHEN VEEDU, PADINJATTINKARA, KOTTARAKKARA TALUK, KOLLAM DISTRICT, NOW RESIDING AT PUTHENMADATHIL VEEDU, PERINGAZHA KARA, H.M.T.COLONY, KALAMASSERY, PIN 683 503. BY ADV. SRI.T.K.KURIKESU RESPONDENTS/REPONDENTS IN WPC: --------------------------------------------------------- 1. KERALA STATE, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT BUILDING, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM DISTRICT. 3. SPECIAL TAHSILDAR (LA) NO.2, KOLLAM (NOW THE OFFICE IS SHIFTED TO KALLADA IRRIGATION PROJECT COMPOUND, KOTTIYAM). BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 628 of 2009 ------------------------------------------ Dated, this the 25th day of March, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the order of the learned Single Judge dated 16th July, 2008 rejecting the prayer of the appellants/writ petitioners to consider the application filed under Section 28A of the Land Acquisition Act within the time, the present appeal is filed. 2. It is contended that the appellants are entitled to file an application from the date of knowledge of the order and not from the date of the award and in this regard they have relied upon a judgment of a Division Bench of this Court in the case of Indira Devi v. Special Tahsildar (1991 (1) KLT 33). The learned Single Judge declined to consider that decision as there is a direct decision of the apex Court in this regard in the case of State of A.P. and another v. Marri Venkaiah and others [(2003) 7 SCC 280]. The apex Court had made it very clear that the limitation W.A. No. 628 of 2009 - 2 - begins to run from the date of award and not from the date of knowledge of the award. It is pointed out by the apex Court that though Section 28A of the Land Acquisition Act is a beneficial legislation, it must be availed of, within the time limit prescribed, to avoid uncertainty and to give finality to the award. Merely because the contention of the appellants that there were some problems for them or absence of knowledge of the award would not come to their rescue. In the light of the clear law laid down by the apex Court in the aforesaid decision, we find that there is no merit in the appellants' case. Hence, the writ appeal stands dismissed. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns