IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 7464 of 2007(L) ------------------------------------ PETITIONER: ----------------- LEELA, W/O.JOHN, KARUKUNNEL HOUSE, VAZHAKKULAM P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, IDUKKI, CIVIL STATION, PAINAVU, IDUKKI DISTRICT. 2. THE SPECIAL TAHASILDAR (LA) M.V.IP KALLOORKKAD P.O., MUVATTUPUZHA. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 7464 OF 2007 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE COMMON JUDGMENT DATED 5.4.2002 IN LAR NO.5/2000 LAR NO.6/2000 AND LAR 7/2000 OF SUB COURT, THODUPUZHA. EXHIBIT P2 TRUE COPY OF THE PETITION DATED 2.7.2002 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.7464 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008 J U D G M E N T -------------------- The grievance of the petitioner is that Exhibit P2 application filed by her under Section 28A of the Land Acquisition Act as early as in 2002 is not yet considered and orders passed. It is admitted by the respondents that they received Exhibit P2 application on 3.7.2002. It is further stated that the application was missing and hence a copy of Exhibit P2 application had already been forwarded to the second respondent for consideration. 2. Learned counsel appearing for the petitioner submitted that an enquiry was also conducted and what remains is passing of orders in the application. 3. There is a statement in paragraph 3 of the counter affidavit that the petitioner is not entitled to maintain an application under Section 28A of the Act as she had not filed any objection at the time of receipt of the D Form cheque. That is not a statutory requirement as far as Section 28A W.P(C) NO.7464 OF 2007 -: 2 :- application is concerned. So there will be a direction to the second respondent, Land Acquisition Officer, to consider and pass orders on Exhibit P2 application filed by the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Writ Petition is disposed of with the above direction. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- 12TH FEBRUARY, 2008