IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Con.Case(C).No. 232 of 2008(S) --------------------------------------------- PETITONER - PETITIONER: ----------------------------------- AMDREW GOMEZ, S/O. MICHEAL AGED 46, RESIDING AT DAISY DALE T.C.32/21 (2) NEAR VELI TOURIST HOME MADHAVAPURAM P.O., TRIVANDRUM. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS - RESPONDENT: ------------------------------------------- SANJAY KUMAR,AGE & FATHERS NAME NOT KNOWN TO THE PETITIONER, DISTRICT COLLECTOR TRIVANDRUM. BY SR. GOVERNMENT PLEADER SHRI BASANT BALAJI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- Cont. Case (C) No.232 of 2008 ------------------------------------------------- Dated, this the 11th day of February, 2008 JUDGMENT The grievance of the petitioner is that in spite of a specific direction issued by this Court to dispose of Section 28A application filed by the petitioner within a period of three months from the date of receipt of a copy of the judgment, the Land Acquisition Officer is adjourning the matter. Letter produced by the petitioner himself, received from the Land Acquisition Officer, shows that an appeal from LAR No.89/2000 is pending before this Court as L.A.A.No.537/2007. It is trite law that when an appeal is pending Land Acquisition Officer will have to keep the application filed under Section 28A pending till the disposal of the appeal. It is pertinent to note that the Land Acquisition Officer had not made any attempt to brought the above fact to the notice of this Court at the time of disposal of the Writ Petition and also he has not cared to apply for extension of time. Considering all aspects of the matter I am of the view that the proper course open to me is to enlarge and extend the time by three months from the date of receipt of a copy of the judgment in L.A.A.No.537/2007. It is open to the petitioner also to obtain and produce and copy of the judgment in Cont. Case (C) No.232/2007 2 L.A.A.No.537/2007 before the Land Acquisition Officer. Contempt Case (Civil) is closed with the above observations. K. PADMANABHAN NAIR, JUDGE. cks.