IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 7592 of 2008(D) ------------------------- PETITIONER: ------------ K.V.RAMACHANDRAN, S/O.EDADAN PUTHIYA VEETTIL GOVINDAN NAIR (DIED), P.O.EDAT, VIA PAYYANNUR, KANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KANNUR. 2. SPECIAL TAHSILDAR, LA (NH), KANNUR. BY SR. GOVT.PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ---------------------------------- W.P.(C)No.7592 OF 2008-D ----------------------------------------------------- DATED THIS THE 19TH DAY OF MARCH, 2008 J U D G M E N T Petitioner's land was acquired for a public purpose. He filed an application under Section 28A of the Land Acquisition Act for redetermination of the compensation granted to him on the strength of a judgment rendered by the Sub Court in L.A.R.No.48/92. That application was rejected on the ground that the land involved in L.A.R.No.48/02 was garden land whereas the land acquired from the possession of the petitioner was wet land. Challenging that order, this writ petition is filed. 2. In Raghava Poduval v. Spedial Tahslidar ( 2004 (3) KLT 261, this Court has taken a view that the fact that the properties were included in different categories is not a ground to reject the application. If the property involved in the L.A.R. And the one scheduled in the petition were acquired under the same notification, the Land Acquisition Officer is bound to consider the matter and make appropriate assessment of the land. So the W.P.(C)No. 7592/08 -2- reasons stated by the Land Acquisition Officer for dismissing the application filed by the petitioner under Section 28A on 22.6.1995 is illegal and is liable to be quashed. In the result, Exhibit P4 order passed by the Land Acquisition Officer is quashed and the Land Acquisition Officer is directed to reconsider the application filed by the petitioner under Section 28A on 22.6.1995 on its merits in accordance with law as expeditiously as possible. The writ petition is disposed of as above. K.PADMANABHAN NAIR, JUDGE. dsn