IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 17479 of 2007(E) -------------------------------------- PETITIONER(S): ------------------------ 1. AMBIKA KUMARI AMMA, INCHAVILA PUTHEN VEEDU, PAMBALILCHERRY, PANAYAM VILLAGE, KOLLAM TALUK, KOLLAM. 2. KARUNAKARAN NAIR, MUZHANGODI MELATHIL, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 3. REGHUNATHAN PILLAI, PANDARAVILA KIZHAKKETHIL VEEDU, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 4. VASANTHA KUMARI, PANDARAVILA KIZHAKKETHIL VEEDU, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 5. CHELLAMMA AMMA VIJAYAMMA, CHEKKALA MELATHIL, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 6. SATHI DEVI AMMA, CHIRAVILA PUTHEN VEEDU, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 7. SIVASANKARA PILLAI, KUMMAKKATTU VEEDU, PAMBALIL CHERRY, PANAYAM VILLAGE. 8. RATNAKARAN PILLAI, PALAVILA PUTHEN VEEDU, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. 9. RADHAMANI AMMA, NILAVEETTIL THEKKETHIL, CHONAMCHIRA, CHEMMAKKADU CHERRY, PANAYAM VILLAGE. BY ADV. SRI.B.SURESH KUMAR W.P.(C) NO.17479/2007 RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SPECIAL TAHSILDAR (LA), RAILWAYS, KOLLAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17479/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 16.7.04 IN LAR. NO. 80/97 PASSED BY THE SUB COURT, KOLLAM. P2:- COPY OF THE APPLICATION DT. NIL FILED BY THE SIT PETITIONER BEFORE THE 2ND RESPONDENT ON 3.8.05. P3:- COPY OF THE APPLICATION DT. 9.8.05 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ON 9.8.05. P4:- COPY OF THE APPLICATION DT. NIL FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT ON 4.8.05. P5:- COPY OF THE APPLICATION DT. NIL FILED BY THE 4TH PETITION BEFORE THE 2ND RESPONDENT ON 4.8.05. P6:- COPY OF THE APPLICATION DT. NIL FILED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT ON 3.8.05. P7:- COPY OF THE APPLICATION DT. NIL FILED BY THE HUSBAND OF THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT ON 4.8.05. P8:- COPY OF THE APPLICATION DT. NIL FILED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT ON 3.8.05. P9:- COPY OF THE APPLICATION DT. NIL FILED BY THE 8TH PETITIONER AND HER CHILDREN BEFORE THE 2ND RESPONDENT ON 3.8.05. P10:- COPY OF THE APPLICATION DT. 12.8.05 FILED BY THE 9TH PETITIONER BEFORE THE 2ND RESPONDENT ON 12.8.05. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ----------------------------- W.P.(C) No. 17479 of 2007 ------------------------------------ Dated this the 6th day of January, 2009 JUDGMENT Direction for the consideration of Exhibits P2 to P10 applications made by the petitioners invoking Section 28A of the Land Acquisition Act is sought for in this writ Petition. The objection raised by the respondents in the counter affidavit is only regarding the pendency of an appeal filed against Exhibit P1 judgment of the reference court as LAA No.1029 of 2007 before this court. It is now the accepted position that vide judgment dated 7/10/2008, aforesaid appeal has been rejected confirming Exhibit P1. In view of this, the objection raised no longer survives. Therefore, the writ petition is disposed of directing the respondents to consider Exhibit P2 to P10 application filed by the petitioners under Section 28 A of the Land Acquisition Act, taking into account Exhibit P1 judgment. ANTONY DOMINIC, JUDGE scm