IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32888 of 2009(E) -------------------------------------- PETITIONER(S): --------------------- 1. JAMES ALEX, KADUKKARA ANANTHA BHAVANAM, KALLELIBHAGOM, EDAKKULANGARA P.O., KARUNAGAPPALLY. 2. P.THOMAS, PUTHENPURACKAL, KALLELIBHAGAM, EDAKKULANGARA, KARUNAGAPPALLY. BY ADV. MR.PRATHEESH.P RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LAND REVENUE COMMISSIONER, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR, (L.A.NO.II) RAILWAYS, KOLLAM-1. R1 TO R3 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 32888 OF 2009 -------------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The impugned orders, Exts.P2 and P4 series, are rendered rejecting applications under Section 28A(1) of the Land Acquisition Act, 1894, (herein after referred to as 'the LA Act') on ground that the land covered by the respective judgment relied on by the petitioners and the acquired lands belonged to different categories. This is no ground for rejecting an application under Section 28A(1) of the LA Act. Not only that, as noticed in Ext.P3 judgment, the impugned decision containing the unsustainable reasons is issued in printed forms. Following Ext.P3, the impugned orders have to necessarily go. Hence, the impugned orders are quashed and it is directed that the applications of the petitioners under Section 28A(1) of the LA Act will be considered and disposed of, in accordance with law, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The writ Petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge ps