IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 528 of 2008(K) ------------------------ PETITIONER: ----------------- YASODHARAN, S/O.AYYAKUTTY, EATTIVILA PUTHEN VEEDU, CHEEVODU, ELIKKATTOOR P.O., PIRAVANTHOOR, KOLLAM DISTRICT. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: --------------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAY, KOLLAM-12. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 528 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE PHOTOCOPY OF THE NOTICE OF AWARD NO.2/06-07 IN LAC NO.1157/06 PASSED BY THE SECOND RESPONDENT ON BEHALF OF THE FIRST RESPONDENT DATED 22.1.2007. EXHIBIT P2 TRUE PHOTOCOPY OF THE STATEMENT GIVEN BY THE PETITIONER BEFORE THE SECOND RESPONDENT IN THE PRESCRIBED FROMAT ON 4.11.2006. EXHIBIT P3 TRUE PHOTOCOPY OF THE WRITEN PROTEST SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 26.4.2007. EXHIBIT P4 TRUE PHOTOCOPY OF THE NOTICE/ORDER NO.C866/03 (LAC 157/06) DATED 11.6.2007 PASSED BY THE SECOND RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF THE VALUATION REPORT OF THE IMMOVABLE PROPERTES DATED 31.3.2007 PREPARED BY P. RAMASWAMY PILLAI, CHARTERED ENGINEER. EXHIBIT P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED 17.9.2007 IN W.P(C) NO.23271/07 PASSED BY THIS HONOURABLE COURT. EXHIBIT P7 TRUE PHOTOCOPY OF THE ORDER NO.C.866/03 (LAC 157/06) DATED 29.10.2007 PASSED BY THE SECOND RESPONDENT. EXHIBIT P8 TRUE PHOTOCOPY OF THE JUDGMENT DATED 17.12.2007 IN CONT. CASE (C) NO.1580/07 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.528 OF 2008 = = = = = = = = = = = = = = = = = = = Dated this the 18th day of January, 2008 J U D G M E N T -------------------- Petitioner's land was acquired for a public purpose. He was awarded an amount of Rs.16,17,982/-. Award notice dated 22.1.2007 (Exhibit P1) was issued to the petitioner. Petitioner appeared and received the D Form Cheque on 26.4.2007. Petitioner filed an application dated 26.4.2007 (Exhibit P3) under Section 18 of the Land Acquisition Act claiming enhancement. Land Acquisition Officer rejected Exhibit P3 application. Challenging that order, petitioner filed W.P(C) No.23271 of 2007. I quashed that order and directed the Land Acquisition Officer to reconsider the application and pass appropriate orders in accordance with law within one month. Subsequently, application was again rejected as per Exhibit P7. The stand taken by the Land Acquisition Officer is that the petitioner has not raised any protest either oral or written at the time of receipt of the D Form cheque. According to the petitioner he made an oral protest. W.P(C) NO.528 OF 2008 -: 2 :- 2. I accept the case of the petitioner that he received the amount under oral protest. So Exhibit P7 order passed by the Special Tahsildar rejecting the application filed by the petitioner is liable to be quashed. In the result, Exhibit P7 is quashed. The second respondent, Land Acquisition Officer, is directed to refer the matter to the sub Court for considering the claim of the petitioner for enhancement within one month from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008