IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 22157 of 2008(K) -------------------------- PETITIONER: ------------ ANIL KUMAR, MANIYOOR KELOTH HOUSE, CHORODE VILLAGE, CHORODE.P.O, VATAKARA TALUK, KOZHIKODE. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. LAND ACQUISITION OFFICER (SPECIAL TAHSILDAR) KOYILANDY. BY GOVT. PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.22157 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2008 JUDGMENT The learned Government Pleader has not been able to get instructions so far. The grievance of the petitioner is that though his application under section 28A was allowed by the land acquisition officer, the land acquisition officer in his award did not grant him solatium or the interest at the statutory rates. As rightly submitted by the learned Government Pleader, challenge against the order of the land acquisition officer rejecting the petition filed by the petitioner under section 28A (3) cannot succeed since obviously the application for reference under section 28A(3) was not filed within time. At the same time, I feel that if it is true that the land acquisition officer in his award has not awarded interest or solatium, the land acquisition officer should have a second look at the matter. Therefore even as I decline the reliefs sought for in the writ petition, I direct the land acquisition officer to entertain an application for review of the award if any such application is filed within three weeks of the petitioner receiving copy of this WPC.No.22157/08 2 judgment and take a fresh decision on the petitioner's claim for solatium and interest at statutory rates. Decision as directed above will be taken within one month of the petitioner filing application for review. While taking decision, the land acquisition officer will have due regard to the decision of this court in Kallianikutty Amma v. The Tahsildar (LA) ( 2003 (1) KLT 1014). PIUS.C.KURIAKOSE JUDGE sv. WPC.No.22157/08 2