IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 17085 of 2010(I) -------------------------- PETITIONER(S): --------------- 1. POOVAMKULAM THOTTAM PUTHIYAPURAYIL AMINABI, D/O.MUHAMMED HAJI, NEAR KATTILEPALLI, P.O.PAPPINESSERY, KANNUR DISTRICT. 2. POOVAMKULAM THOTTAM PUTHIYAPURAYIL ABDUL JABBAR, S/O.AMINABI, NEAR KATTILEPALLI, P.O.PAPPINESSERY, KANNUR DISTRICT. 3. POOVAMKULAM THOTTAM PUTHIYAPURAYIL UBAIRA, D/O.AMINABI, NEAR KATTILEPALLI, P.O.PAPPINESSERY, KANNUR DISTRICT. 4. POOVAMKULAM THOTTAM PUTHIYAPURAYIL S/O.AMINABI, NEAR KATTILEPALLI, P.O.PAPPINESSERY, KANNUR DISTRICT. PETITIONERS 1 TO 4 THROUGH POWER OF ATTORNEY HOLDER POOVAMKULAM THOTTAM PUTHIYAPURAYIL UMMERKUTTY HAJI, S/O.MUHAMMED HAJI,PAPPINISSERY, BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KANNUR. 2. SPECIAL TAHASILDAR LAND ACQUISITION (NH), KANNUR. 3. THE MANAGING DIRECTOR KINFRA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT.K.R.DEEPA SHRI G.S.RAGHUNATH, SC, FOR KINFRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17085/2010-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of June, 2010 J U D G M E N T In this writ petition, the petitioners who are the land owners are seeking for redetermination of the amount of compensation under Section 28A of the Land Acquisition Act, 1894. For the total extent of 1.4265 hectares of paddy land in Re-survey No.43 in Pappinissery Village in Kannur District, the land value assessed is upto Rs.707 per cent. It is submitted that the petitioners had approached this Court earlier in W.P.(C).No.35448/2004 since the extent that was considered for the purpose of granting compensation was only 1.2345 hectares. Subsequent to the disposal of the writ petition, the entire compensation for the total extent was received by the petitioners. 2. The application for redetermination under Section 28A of the Land Acquisition Act is on the basis of the common Judgment dated 12/12/2005 in L.A.R Nos.77/2002, 82/2002 and 83/2002. The same was rejected as time barred, as per Ext.P2. Subsequently, in another Land Acquisition Reference, namely, L.A.R No.25/2002, compensation has been awarded after the appeal filed as L.A.A.No.318/2007 was remanded by this Court as per Ext.P3. Relying upon the same, the petitioners have filed Ext.P4 application for W.P.(C). No.17085/2010 -:2:- redetermination of the amount of compensation. It appears that an objection was taken that the matter, is pending before this Court in Land Acquisition Appeal. It is submitted by the learned counsel for the petitioners that no appeal is pending against the revised decree and judgment. After getting instructions, the learned Government Pleader also confirmed that no appeal is pending from L.A.R.No.25/2002. Therefore, there will be a direction to the respondents to consider and pass orders on Ext.P4 application within a period of three months after hearing the petitioners as well as the requisitioning authority. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE