IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 29901 of 2008(I) -------------------------- PETITIONER: --------------- M.SIVAN, S/O.MADHAVAN, AGED 40 YEARS, ATHIKUZHI, PULIKKAD, THENERI P.O., ELAPPULLY, PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT: --------------- THE DISTRICT COLLECTOR (SPECIAL THASILDAR (LA), FOR K.S.I.D.C.(KINFRA) PALAKKAD. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.29901 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 14th October, 2008 JUDGMENT The grounds raised by the petitioner in this Writ Petition are founded on the judgment of this court in Sahid v. District Collector (1997(1) KLT 461) which is to the effect that an application under Section 28A of the Land Acquisition Act cannot be rejected as not maintainable on the reason that certified copy of the award relied on has not been produced along with the application. Under Exts.P2 and P5 the respondent has informed him that it will not be possible for the respondent to entertain Exts.P1 and P4 due to the reason of non- production of the certified copy of the award relied on in those applications. The judgment in Sahid v. District Collector (supra) is certainly to the effect that an application under Section 28A cannot be rejected as not maintainable on the reason that certified copy of the award relied on is not produced along with the application. But at the same time, there is no escape from the petitioner's obligation for producing certified copies though at least before the application is taken up for enquiry and orders. Counsel for the petitioner submits that the certified copies of the awards relied on in the applications under Section 28A have been obtained and the petitioner will not W.P.C.No.29901/08 - 2 - have any difficulty in producing the same before the respondent. Under the above circumstances, I dispose of the Writ Petition issuing the following directions: The petitioner shall produce certified copy of the award relied on in the respective applications under Section 28A within three weeks of receiving copy of this judgment before the respondent. Once that is done by the petitioner, the respondent will take up both the applications, Exts.P1 and P4, conduct necessary enquiries and dispose of them in accordance with law at the earliest. At any rate, award on the application shall be passed by the respondent within three weeks of the petitioner producing certified copies of the awards. srd PIUS C.KURIAKOSE, JUDGE