IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 29246 of 2010(E) ------------------------------------- PETITIONER(S): -------------------- V.SASIDHARAN, AGED 58, S/O.VASUDEVAN, VASUDHA, KANJIRAVILAKOM, KIZHAKUMKARA, KULATHOOR, KANJIRAVILAKOM, THIRUVANANTHAPURAM. BY ADVS. SRI.R.KISHORE SRI.G.HARIPRASAD RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN-695 001. 2. SPECIAL TAHSILDAR (L.A), THIRUVANANTHAPURAM, PIN-695 001. BY GOVT. PLEADER SRI.R.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.29246/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE TAX RECEIPT DTD. 16.10.04. P2:- COPY OF THE NOTICE UNDER SEC. 12(2) OF LA.A. ACT DTD. 16.2.2005 ISSUED TO SASIDHARAN. P3:- COPY OF THE APPLICTION DTD. 7.12.2004 SUBMTITED BY THE APPLICANT TO THE IST RESPONDENT. P4:- COPY OF THE REFERENCE APPLICATION DTD. P5:- COPY OF THE APPLICATION DTD. 27.5.09 SUBMITTED BY THE PETITIONER TO THE DISITRICT COLLECTOR, THIRUVANANTHAPURAM. P6:- COPY OF THE COMMISSION REPORT, MAHASSAR AND PLAN DTD. 16.6.2005 IN OS. 216/2005 OF ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM. P7:- COPY OF THE 28A APPLICATION DTD. 27TH MAY 2009 SUBMITTED BY THE PETITIONER. P8:- COPY OF THE RECEIPT OF ACKNOWLEDGEMENT OF THE 28 A PETITION DTD. 27.5.2009. P9:- COPY OF THE CERTIFICATE ISSUED BY THE ATTIPRA VILLAGE OFFICER DTD. 16.10.2004 IN FAVOUR OF PETITIONER. P10:- COPY OF THE CHART SHOWING THE DIVISION OF LAND AND THE VALUATION FIXED BY THE RESPONDENTS , OBTAINED BY THE PETITIONER FROM THE OFFICE OF THE RESPONDENTS. P11:- COPY OF THE NOTICE DTD. 11.10.04 BY RESPONDENTS INTIMATED THE PETITIONER THAT THE PROPERTY INVLVED IN SY. 194/21, WAS VALUED AT JUST RS. 6325/CENT. P12:- COPY OF THE APPLICATION DTD. 27.5.09 SUBMITTED BY THE PETITIONER REQUESTING THE SIT RESPONDENT TO CORRECTLY VALUE THE PROPERTY INVOLVED IN RE. SY NO.194/21. TRUE COPY P.S. TO JUDGE tss C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.29246 of 2010 ---------------------------------------- Dated 24th January, 2011 JUDGMENT The petitioner has filed this writ petition challenging inordinate delay in the matter of disposal of the application submitted for redetermination of compensation in terms of the award in LAR.No.717 of 2008 by Sub Court, Thiruvananthapuram, under section 28A of the Land Acquisition Act. Ext.P7 is the application submitted for the said purpose. It is dated 27.5.2009. Ext.P8 is the receipt of acknowledgment which would reveal that Ext.P7 application has been received by the competent authority. When such an application for redetermination is submitted in terms of section 28A of the Land Acquisition Act, the second respondent is bound to pass orders thereon in accordance with the provisions. There is no reason at all for inordinate delay. In the said circumstances, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the second respondent to consider Ext.P7 application expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS The words “second respondent” occurring in the 9th and 13th WP(C).No.25168/2010 2 lines of the judgment dated 24/01/2011 in WP(C) 29246/2010 are corrected and substituted as “first respondent” as per order dated 21/06/2011 in I.A.8383/2011. Sd/- Registrar (Judicial)