IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 11333 of 2009(J) --------------------------------------- PETITIONERS: --------------------- 1. BHASKARAN, S/O.AYYAPPAN, ASARIMATTEL VEEDU, MANAKKADU, THODUPUZHA, IDUKKI. 2. ANNAKUTTY, W/O.MATHAI, NEEROLICAL VEEDU, MANAKKADU, THODUPUZHA, IDUKKI. 3. K.N.SASIDARAN, S/O.NARAYANAN, KUVAKATTIL VEEDU, VANNIPURAM, THODUPUZHA, IDUKKI. 4. VALSA, W/O.SADASIVAN, VALLIYABAL VEEDU, THODUPUZHA, IDUKKI. BY ADV. MR.SAIGI JACOB PALATTY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB COLLECTOR, (LAND ACQUISITION OFFICER), REVENUE DIVISIONAL OFFICE, IDUKKI. R1 & R2 BY GOVT. PLEADER SMT. K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.11333 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of July, 2009. JUDGMENT The petitioners applied for revision of compensation under Section 28A(1) of the Land Acquisition Act, 1894. That has been rejected on the ground that the land value fixed by the Collector in the case of the petitioners and in the case which related to the reference, the award of which is relied on by the petitioners are different. This is no ground to reject an application under Section 28A(1). Not only that, the petitioners were not given an opportunity of pre-decisional hearing. It is also a matter on record that the issue as to how the amount available in such cases has to be fixed, is clearly well settled by the decisions already rendered by this Court. WP(C)11333/09 -: 2 :- In the result, the impugned order is quashed and the competent among the respondents will re- consider the whole issue and take a decision de novo after hearing the petitioners. Let that happen within four months from the date of receipt of a copy of this judgment. The writ petition is allowed accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090709 -true copy- P.S.to Judge.