IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25207 of 2008(A) -------------------------- PETITIONER ---------------------- PUTHIYEDATH SUSEELA, W/O. LATE MATHRADAN VADAKKEDATH MADHAVAN, AGED 42 YEARS, PUTHIYEDATH HOUSE, P.O. ANNOOR, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS ------------------------ 1. DISTRICT COLLECTOR, KANNUR. 2. SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAY, KANNUR. BY GOVT.PLEADER SRI.SHYSON.P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.25207 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of August, 2008 JUDGMENT Mathradan Vadakkedath Madhavan, husband of the petitioner filed Ext.P1 application under section 28A of the Land Acquisition act for redetermination of the compensation which had been given to him for his properties which were acquired for re-alignment of National Highway. Sri.Madhavan passed away and on noticing that the petitioner, his legal heir, has not received any notice from the officer, she submitted Ext.P3 letter under the Right to Information Act before the Public Information Officer. To Ext.P3, the petitioner has been given Ext.P4 reply. According to Ext.P4, the village officer reported that Madhavan, the applicant is no more and for that reason hearing notice was not issued to Sri.Madhavan. The case of the petitioner is that she was under the bonafide impression that on information regarding the death of Sri.Madhavan being conveyed to the land acquisition officer by the Village Officer, the Tahsildar will make enquiry regarding the legal heirs and issue notice to her and other legal WPC.No.25207 2 heirs of Sri.Madhavan. 2. May be it is true that there was some inertia on the part of the petitioner in watching and pursuing Ext.P1 proceedings initiated by her husband. Nevertheless I feel that this is a case where the petitioner and the other legal heirs of Sri.Madhavan should be allowed to seek their impleadment in Ext.P1 proceedings. Accordingly, I dispose of the writ petition issuing the following directions; If the petitioner and the other legal heirs of late Sri.Madhavan file an application seeking their impleadment in Ext.P1 proceedings initiated by petitioner's husband Madhavan within two weeks from today, the second respondent will favourably consider that application and implead them. After they are impleaded, Ext.P1 will be taken up, enquired into and disposed of in accordance with law without undue delay by the 2nd respondent. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.25207 2