IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 18480 of 2008(Y) -------------------------- PETITIONER: ------------ 1. P.V.JOSE, S/O. VENGATTU VARKEY, VENGATTU HOUSE, THIRUMENI P.O. THALIPARAMBA TALUK, KANNUR DIST. 2. P.V.GEORGE, S/O. VENGATTU VARKEY, ENGATTU HOUSE, RAMANTHALI AMSOM DESOM, THALIPARAMBA TALUK. 3. P.V. GRACY, D/O. VENGATTU VARKEY, THIRUMENI P.O. THALAIPARAMBA TALUK, KANNUR DISTRICT. 4. P.V. MERCY -DO- -DO- -DO- 5. P.V. BENNY, S/O. VENGATTU VARKEY, VENGATTU HOUSE, PALAVAYAL P.O. HOSDURG TALUK KASARAGODE DIST. 6. P.V. LISSY, D/O. VENGATTU VARKEY DO. -DO. REPRESENTED BY THEOR POWER OF ATTORNEY HOLDER P.V. THOMAS, SON OF ALTE VARKEY VENGATTU, CHAVARAGIRI, PALAVAYAL P/.O. KASARAGOD DISTRICT. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: ------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISITION ESHIMALA NAVAL ACADEMY. BY G.P. SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 18480 of 2008 ---------------------------------- Dated this the 19th day of June , 2008 JUDGMENT The petitioners in this writ petition are on strong grounds. They challenge Ext.P1 award passed by the Land Acquisition Officer on an application under Section 28A of the Land Acquisition Act for re determination of the compensation payable to them for their acquired properties on the basis of a relevant court judgment. The petitioners' application was actually allowed by the Land Acquisition Officer, but while passing Ext.P1 award the compensation re-determined does not include the interest statutorily payable under Section 34 of the Act. The issue is no longer in doubt. The Supreme Court in Union of India v. Pradeep Kumari ( AIR 1995 SC 2259) has clearly held that Section 34 of the Act will be applicable to a cases of redetermination of compensation under Section 28A of the Act. Two learned judges of this court in Koruthukochukutty v. State of Kerala (2001 (1) KLT 26) and Kallianikutty Amma v. The Special Tahsildar (LA) (2003 (1) KLT 1014) have reiterated the view following the judgment of the Supreme Court. WPC No. 18480/2008 2 Under the above circumstances, I set aside Ext.P1 to the extent it declines statutory interest to the petitioners under Section 34 of the Act and direct the first respondent to pass supplementary award determining the amount payable to the petitioners under Section 34 of the Act towards interest on the redetermined compensation. Needful as directed above shall be done by the first respondent at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS C. KURIAKOSE JUDGE dpk