IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 10422 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. SARAMMA W/O. LEYONSE, AICHAMPARAMBIL, KALOOR DESOM, KATHRUKKADAVU. 2. A.J.LAWRENCE S/O. JOSEPH, AICHAMPARAMBIL, KALOOR DESOM, KATHRUKKADAVU. 3. A.J.FRANCIS S/O. JOSEPH, AICHAMPARAMBIL, KALOOR DESOM, KATHRUKKADAVU. BY ADV. SMT.R.RANJINI RESPONDENT(S): -------------------------- 1. THE SPECIAL TAHSILDAR (L.A.) AND LAND ACQUISITION OFFICER, GCDA, KOCHI-20. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. *ADDL. R3 IS IMPLEADED. 3. GREATER COCHIN DEVELOPMENT AUTHORITY , ERNAKULAM, REP. BY ITS SECRETARY. ADDL. R3 IS IMPLEADED SUO MOTU VIDE ORDER DTD. 11.6.09 IN WPC. 10420/09 R1 R2 BY GOVERNMENT PLEADER MR.V.MANU R3 BY MR.M.K.THANKAPPAN,SC,GCDA,GREATER COCHIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 10422/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE OF AWARD DTD. 27.5.03. P2:- COPY OF THE JUDGMENT DTD. 24.3.04 IN LAR NO.67/03. P3:- COPY OF THE COMMUNICATION DTD. 18.11.05 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE INTIMATION DTD. 18.4.06. P5(a) TO (c):- COPY OF THE NOTICE SERVED ON THE IST RESPONDENT BY THE PETITIONERS, DTD. 30.5.06. P6:- COPY OF THE JUDGMENT DTD. 15.7.09 IN LAA. 1012/07. P7:- COPY OF THE JUDGMENT DTD. 15.7.09 IN LAA. 1280/05. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.10422 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of September, 2009. JUDGMENT 1.Lands of the petitioners were acquired for the purpose of GCDA. A reference was made in relation to certain other items of lands covered by the same notification. The Reference Court answered that reference. The matter was pending in an appeal before this Court. Relying on the award of the Reference Court, the petitioners filed applications under Section 28A(1) of the Land Acquisition Act, 1894. The pendency of those applications is the cause of this writ petition. 2.With the passage of time, this Court has disposed of the appeals. The 28A(1) applications of the petitioners have, therefore, to be considered and WP(C)10422/09 -: 2 :- disposed of in accordance with law. The learned Government Pleader points out that the petitioners cannot rake up any issue relatable to the appellate award by this Court and have to confine themselves to the award passed by the Reference Court on the basis of which alone the application under Section 28A(1) is filed. That is also an issue that has to be considered by the officer dealing with the application under Section 28A(1) and not for this Court to state to them in the form of a caveat as to what they shall do. I say this more importantly because, such questions are covered by different judgments and are also still pending for consideration by this Court. In the aforesaid background, this writ petition is ordered leaving open all contentions and directing that the applications filed by the petitioners forming part of this writ petition shall be taken up, considered and disposed of in accordance with law within an outer limit of two WP(C)10422/09 -: 3 :- months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160909