IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 5024 of 2009(W) -------------------------------------- PETITIONER: ------------------- R.BHUVANESWARY, D/O.RAJAM, AGED 70 YEARS, HOUSE NO.157, CHITHAMBARA NAGAR, NAGARCOIL. BY ADVS. MR.D.SAJEEV, SMT.LIGEY ANTONY. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR (LAND ACQUISITION), THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5024/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 11/08/2000 FILED UNDER SECTION 28 (A) OF THE LAND ACQUISITION ACT BEFORE THE R.1. EXT.P.2: COPY OF THE JUDGMENT DTD. 02/02/2001 IN O.P. NO. 607/2001 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE NOTICE NO. KI 78275/2000 DTD. 08/12/2000 OF THE R.1. WHICH WAS MARKED AS EXT.P.4 IN P1 JUDGMENT. EXT.P.4: COPY OF THE REPRESENTATION DTD. 01/03/2001 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.5: COPY OF THE REPRESENTATION DTD. 12/07/2002 FILED BEFORE THE R.1. EXT.P.6: COPY OF THE REPRESENTATION DTD 30/06/2004 FILED BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.5024 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of July, 2009. JUDGMENT The petitioner filed an application under Section 28(A)(1) of the Land Acquisition Act. That has been kept pending on the premise that it is involved in appeals. The fact is that this Court had disposed of the appeal arising from the award of the reference court and the claimants have carried it to the Apex Court. It is not pointed out that the State has filed any appeal before the Apex Court. Obviously, therefore, as of now, the chance of any intervention with the appellate award against the interest of the claimants is minimal. Therefore, it is appropriate that the competent authority disposes of the petitioner's application under Section 28(A)(1) rather than permit statutory accruals to add on. Hence, this writ petition is ordered directing that the WP(C)5024/09 -: 2 :- application of the petitioner under Section 28(A) (1) shall be disposed of finally within three months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250709