IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 33161 of 2007(W) ---------------------------------------- PETITIONER: ----------------- M.V.JOSE, MENACHERIL HOUSE, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE RESPONDENTS: ---------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE SPECIAL TAHSILDAR(LA), N.H.NO.2, ALUVA, PIN-683101. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.33161 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 31st day of January, 2008 J U D G M E N T -------------------- This Writ Petition is filed challenging an order dismissing Exhibit P3 application filed by the petitioner under Section 28A of the Land Acquisition Act. The application was dismissed on the ground that the land acquired from the possession of the petitioner and that involved in L.A.R. No.155 of 2005 belonged to different categories, though acquired under the very same Notification. In view of the decision reported in Raghava Poduval v. Special Tahsildar (2004 (3) KLT 261) application filed under Section 28A of the Act cannot be dismissed on the sole ground that the properties were grouped as different categories. So Exhibit P4 order passed by the second respondent on 29.5.2007 dismissing Section 28A application filed by the petitioner is liable to be quashed. In the result, Writ Petition is allowed. Exhibit P4 order passed by the second respondent in LAC No.369 of 2004 dated 29.5.2007 is hereby quashed. The second respondent is W.P(C) NO. 33161 OF 2007 -: 2 :- directed to take back and re-consider Exhibit P3 application filed by the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008