IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 OP.No. 32524 of 2000(V) ----------------------- PETITIONER: ------------ JOSEPH, S/O.LATE IYPE THOMAS, MULLACKAL, POOTHRIKKA, KOLENCHERRY. BY ADV. SRI.GEORGE KURUVILLA BY ADV. SRI.P.V.BABY. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, TRIVANDRUM. 2. THE SPECIAL TAHSILDAR (L.A.) PERIYAR VALLEY IRRIGATION PROJECTS, KAKKANADU, CIVIL STATION, ERNAKULAM. BY SR. GOVERNMENT PLEADER SRI.BASANT BALAJI. THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- O.P.No.32524 of 2000 ------------------------------- Dated this the 17th March, 2008. J U D G M E N T The Land Acquisition Officer rejected Ext.P2 application filed by the petitioner under Section 28A of the Land Acquisition Act, (for short 'the Act') on the ground that the award was passed prior to 30.4.1982. A Division Bench of this Court in Indira Devi v. Special Tahsildar (1991 (1) KLT 33) has held that 'Section 28A is attracted in all cases where the award of reference court is made after the Act came into force on 24.9.84, irrespective of the date of making of award by Collector'. Thereafter, the petitioner filed Ext.P3 application under Section 28A(3) of the Act. The grievance of the petitioner is that there is delay in considering that application. The reasons stated by the Tahsildar for rejecting Section 28A application is illegal and liable to be set aside. Hence, I am of the considered view that Ext.P2 order can be quashed and the Land Acquisition Officer can be directed to re-consider Ext.P3, treating the same as application filed under Section 28A of the Act, within a time frame. OP.No.32524/2000 2 In the result, the Original Petition is allowed. Ext.P2 order passed by the Land Acquisition Officer rejection Section 28A application is set aside. He is directed to re-consider the claim of re- determination of compensation awarded to the petitioner treating Ext.P3 as an application filed under Section 28A of the Act, in accordance with law, and pass fresh orders, as expeditiously as possible, at any rate, within two months from today. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- O.P.No. 32524 of 2000 J U D G M E N T Dated:17th March, 2008. -------------------------------