IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20512 of 2009(H) -------------------------- PETITIONER(S): --------------- P.THOMAS PUTHENPURACKAL, KALLELIBHAGAM, EDAKKULANGARA, KARUNAGAPPALLY. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR, (L.A.) RAILWAYS - 1, KOLLAM DISTRICT. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20512 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T The petitioner challenges Ext. P4 order by which the petitioner's application under Section 28A of the Land Acquisition Act has been rejected on the ground that the category of the land involved in the judgment relied upon by the petitioner is not in the same category as that of the property acquired. The petitioner disputes the correctness of the finding therein. I am of opinion that the remedy of the petitioner against Ext. P4 is to file an application under Section 28A (3) of the Land Acquisition Act, if the petitioner can file an application at this point of time. Therefore, this writ petition is dismissed without prejudice to the right of the petitioner to file an application under Section 28A(3) of the Kerala Land Acquisition Act, subject to limitation. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.