IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 36385 of 2009(P) ---------------------------------- PETITIONERS -------------------- KOONICHIRA KUNHATHI, D/O. CHIYEYI, KARANTHODU P.O., RAMATHALI, KANNUR DIST. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS ---------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (LA), EZHIMALA NAVAL ACADEMY, PAYYANNUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dlk WP(C).No. 36385 of 2009(P) APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE 28A APPLICATION DATED 17.04.1998 FILED BY THE PETITIONER. EXT.P2 : COPY OF THE ORDER DATED 17.07.2001 ISSUED BY THE 2ND RESPONDENT. EXT. P3 : COPY OF THE JUDGMENT IN WPC NO. 36153/2007 OF THIS HON'BLE COURT. EXT. P4 : COPY OF THE REPRESENTATION DATED 25.07.2008 FILED BY THE PETITIONER. EXT. P5 : COPY OF THE PROCEEDINGS DATED 19.03.2009 OF THE 2ND RESPONDENT. EXT. P6 : COPY OF THE 28A(3) APPLICATION DATED 30.04.2009 FILED BY THE PETITIONER. EXT. P7 : COPY OF THE PROCEEDINGS DATED 14.12.2009 OF THE 2ND RESPONDENT. RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. dlk HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.36385 Of 2009 ---------------------- Dated this the 15th day of December, 2011. J U D G M E N T The writ petition is filed seeking to quash Ext.P7 and for a direction commanding the respondents to refer Ext.P6 application filed under Section 28A(3) of the Land Acquisition Act to the Sub Court, Payyannur for adjudication. 2. The petitioner is aggrieved by the rejection of Ext.P6 application for reference on the ground that the same is not submitted in Form No.22A of the Kerala Land Acquisition (Kerala) Rules. The learned counsel for the petitioner relied on the decision reported in Jameson v. State of Kerala (2006 (3) KLT 186). In the said decision this Court held that Rule 16A to the extent which it provides an application would be filed in form 22A for reference to court, is ultra vires the Act. It is contended that the Government has no power or authority to insist that the application for reference under Section 28A(3) should be filed in Form No.22A of the Land Acquisition (Kerala) Rules. The learned counsel for the petitioner requests this Court to issue a direction ::2:: W.P.(C).No.36385 Of 2009 to the 2nd respondent to reconsider the application filed under Section 28A(3) in the light of the decision reported in Aboobacker v. District Collector (2011 (3) KLT 822). In these circumstances, Ext.P7 order is quashed. The writ petition is disposed of directing the 2nd respondent to reconsider the application filed under Section 28A(3) and pass appropriate orders in the light of the principles laid down by this Court in Aboobacker's case (supra), within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall furnish a copy of the decision in Aboobacker v. District Collector before the 2nd respondent for reference. HARUN-UL-RASHID, Judge. bkn/-