IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 36589 of 2010(W) ---------------------------------------- PETITIONER(S): ----------------------- 1. KRISHNAN KUTTY PILLAI, ELANGOORVILA KIZHAKKATHIL, PERUMON KIZHAKKE CHERRY, PERUMON P.O., PANAYAM VILLAGE, KOLLAM DISTRICT, NOW RESIDING AT SARITHA BHAVAN, -DO- 2. BHANUMATHI AMMA, PONMANGI KIZHAKKATHIL, (SARASWATHI VILASAM), PERUMON KIZHAKKE CHERRY, PERUMON P.O., PANAYAM VILLAGE, KOLLAM DISTRICT. 3. JANARDHANAN PILLAI, MYLAPPALLIL VEEDU, PERUMON KIZHAKKE CHERRY, PERUMON P.O., PANAYAM VILLAGE, KOLLAM DISTRICT. 4. SARASWATHI AMMA, KARARIKUNNU PUTHEN VEEDU (AJAYA BHAVANAM), PERUMON P.O., PANAYAM VILLAGE, KOLLAM DISTRICT, NOW RESIDING AT SARANGAM, CKP JUNCTION, KOTTACKAKAM, PERINAD P.O., KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM, CIVIL STATION, KOLLAM-691 013. 3. THE SPECIAL TAHSILDAR (LA) NO.I, CIVIL STATION, KOLLAM-691 013. R1 TO R3 BY GOVERNMENT PLEADER SRI.R.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.36589/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 30/3/2007 IN LAR.NO.248/1989 PASSED BY THE SUBORDINATE JUDGE'S COURT, KOLLAM. P2 COPY OF THE JUDGMENT DATED 14/7/2009 IN LA.APP.NO.1065/2007 PASSED BY THIS HON'BLE COURT. P3 COPY OF THE SECTION 28A APPLICATION DATED 15/9/2007 FILED BY THE MOTHER OF THE 1ST PETITIONER AND ANOTHER BEFORE THE DISTRICT COLLECTOR, KOLLAM. P4 COPY OF THE SECTION 28A APPLICATION DATED 15/9/2007 FILED BY THE 2ND PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLL. P5 COPY OF THE APPLICATION DATED 17/07/2007 SUBMITTED BY THE 3RD PETITIONER AND OTHERS BEFORE THE 2ND RESPONDENT. P6 COPY OF THE APPLICATION DATED 12/09/2007 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT. P7 COPY OF THE APPLICATION DATED 07/08/2007 SUBMITTED BY THE 4TH PETITIONER AND HER SIN BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 36589 OF 2010 -------------------------------------------- Dated this the 7th day of January, 2011 JUDGMENT The properties belonging to the petitioners have been acquired for Kerala Special Refractories Ltd., Perumon. In respect of properties acquired under the same notification for the very same purpose, Ext.P1 award has been passed in LAR 248/1989 by the Subordinate Judge's Court, Kollam. Thereupon, the petitioners have preferred Exts.P3 to P7 applications under Section 28A of the Land Acquisition Act (for short 'the Act') for re-determination of the amount of compensation on the basis of Ext.P1 award. The grievance of the petitioners is with respect to the inordinate delay in passing of award on the applications submitted under Section 28A of the Act. 2. I have heard the learned counsel for the petitioners and also the learned Government Pleader. As noticed hereinbefore, the grievance of the petitioners is with respect to the delay in the matter of passing of awards on Exts.P3 to P7 applications filed under Section 28A of the Act based on Ext.P1 award. Admittedly, the said applications are pending W.P.(C) NO.36589/2010 2 before the second respondent. The second respondent is competent to consider and pass orders on Exts.P3 to P7 applications in terms of the provisions under Section 28A of the Act and, in fact, he is duty bound to consider the same in accordance with law. Taking into consideration the pendency of the said applications before the second respondent since 2007, this Writ Petition is disposed of with a direction to the second respondent to consider Exts.P3 to P7 applications submitted by the petitioner for re- determination of the amount of compensation on the basis of Ext.P1 award and pass orders thereon, under Section 28A of the Act expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment, in accordance with law. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36589/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.36589/2010 4