IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WA.No. 77 of 2010() ------------------- AGAINST THE JUDGEMENT IN WPC.34272/2009 Dated 30/11/2009 .................... APPELLANT(S): PETITIONER ----------------- LATHA JEROME, W/O.JEROME, LOVE DALE HOUSE, THOTTAKKATTUKARA, ALUVA W.VILLAGE. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR (LA), CIVIL STATION, KAKKANADU, ERNAKULAM. 2. SPECIAL THAHASILDAR, LAND ACQUISITION, K.R.L.VYTTILA, THRIPPUNITHURA. BY GOVERNMENT PLEADER SRI.R.LAKSHMI NARAYAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.A.No.77 of 2010 ------------------------------- Dated this the 22nd day of January, 2010 J U D G M E N T Raman, J. According to the appellant,who is the petitioner in the writ petition, she is entitled to the land value fixed by treating the land acquired by her as dry land or filled up wet land. At the time of acquisition, what was the nature of the land is a question of fact. In case, by mistake, the Land Acquisition Officer rejected the claim of the appellant and awarded compensation treating it as a wet land, the appellant has got a remedy to claim enhancement of the compensation from the Civil Court by proving that at the time of acquisition, the land was a dry land, and therefore, she is entitled for more compensation. The learned Single Judge held that so long as such a right is available to her under Law, petition under Article 226 of the Constitution of India is not an appropriate remedy and accordingly dismissed the writ petition, declining the claim, W.A.No.77 of 2010 2 rather delegating the Land Acquisition Officer to consider the matter on merits. Challenging the said judgment, this writ appeal is filed. 2. Considering the facts of this case, we find no merit in the writ appeal. Accordingly, the writ appeal is dismissed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE nj.