IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 34014 of 2007(Y) -------------------------- PETITIONER: ------------ 1. ANNAKUTTY, AGED 71, PATHROSE, NANARATHU HOUSE, CHITTOOR KARA, MANAKKADU VILLAGE, THODUPUZHA TALUK. 2. BHASKARAN A.P., AGED 68 YEARS, S/O AYYAPPAN, ASARIMATTEL HOUSE, MANAKKADU P.O., THODUPUZHA TALUK. 3. GOPALAN, AGED 70 YEARS, S/O NEELAKANDAN, EDATHURUTHEL HOUSE, MANAKKADU P.O., THODUPUZHA TALUK. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KUYILIMALA, IDUKKI. 3. THE REVENUE DIVISIONAL OFFICER, KUYILIMALA, IDUKKI. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------------------- W.P.(C) No.34014 of 2007 ------------------------------------------- Dated this the 4th day of February, 2008 JUDGMENT The grievance of the petitioners is that they had filed petitions under Section 18 of the Land Acquisition Act, the the same is not referred by the competent authority. The learned Government Pleader on instructions submits that no such application was received in the year 2005. The learned Government Pleader had made available the register in which the details of the applications received were recorded. Though Ext.P2 produced by the appellant contains a seal it is not possible to hold this was actually filed before the Land Acquisition officer on the day which it is alleged to have been filed. The learned counsel appearing for the petitioners submitted that the property lying adjacent to the property which is the subject matter of this writ petition was also acquired. In respect of that property the petitioners filed application under Section 18 and that application was entertained and the matter was referred to the Sub Court, Thodupuzha. It is also submitted WPC34014/2007 2 that reference court had passed a decree allowing enhancement of compensation and that was confirmed by this court also. If that be the case, the petitioners can file petition under Section 28A provided that the same is filed within the time allowed by law. I do not find any reason to treat Ext.P2 as an application filed under Section 18 within time in view of the contentions raised by the respondents. In the result, the writ petition is dismissed. K.PADMANABHAN NAIR, JUDGE csl