IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 10405 of 2008(L) -------------------------- PETITIONERS: ------------ 1. MOUVANAL JANAKI, W/O.LATE MUTTIL KUNHIRAMAN, PARUTHIKKADU, P.O. PALAKKODE, KANNUR. 2. MOUVANAL PREETHI, D/O.LATE MUTTIL KUNHIRAMAN, PARUTHIKKADU, P.O. PALAKKODE, KANNUR. 3. MOUVANAL GEETHA, D/O.LATE MUTTIL KUNHIRAMAN, PARUTHIKKADU, P.O. PALAKKODE, KANNUR. 4. MOUVANAL SHEEJA, D/O.LATE MUTTIL KUNHIRAMAN,PARUTHIKKADU, P.O. PALAKKODE, KANNUR, REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, MOUVANAL PRIYESH, S/O.LATE MUTTIL KUNHIRAMAN, PARUTHIKKADU, P.O. PALAKKODE, KANNUR. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (LA), EZHIMALA NAVAL ACADEMY, PAYYANNUR. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10405 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 21st May, 2008 JUDGMENT The grievance voiced by the petitioners is that the 2nd respondent while passing Ext.P1 award on the application under Section 28A of the Land Acquisition Act submitted by them did not grant them the statutory interest due on the market value and the solatium awarded to them under Ext.P1 award. Claiming interest the 1st petitioner submitted Ext.P2 application. The learned Government Pleader submits that during the pendency of the Writ Petition, Ext.P2 was rejected by the Land Acquisition Officer on 8.3.2008 on the reason that the Land Acquisition Officer has no power to modify awards passed by him under Section 28A. 2. The issue as to whether a person in whose favour award is passed under Section 28A is entitled for interest under Section 34 on the enhanced amount awarded is no longer res integra. Koruthukochukutty v. State of Kerala (2000(1) KLT 26) authored by G.Sasidharan,J. and Kallianikutty Amma v. The Special Tahsildar(LA) (2003(1) KLT 1014) authored by J.B.Koshy,J. are decisions which lay down clearly that an awardee under Section 28A will be entitled for statutory interest also on the redetermined market W.P.C.No.10405/08 - 2 - value. The petitioners are yet to produce a copy of the award passed by the 2nd respondent rejecting Ext.P2 application. However, in view of the legal position settled as it is by two decisions of this court, I am of the view that there is justification for directing the 2nd respondent to reconsider Ext.P2 application submitted by the petitioners in the light of the decisions referred to above notwithstanding the order dated 8.3.2008 rejecting Ext.P2. Accordingly, the Writ Petition will stand allowed issuing the following directions: The order dated 8.3.2008 passed by the 2nd respondent rejecting Ext.P2 is quashed and the 2nd respondent is directed to reconsider Ext.P2 in the light of the principles laid down by this court in the decisions referred to above after affording hearing opportunity to the petitioners and pass fresh orders. Fresh orders as directed above shall be passed by the 2nd respondent at the earliest and at any rate within three months of receiving copy of the judgment. srd PIUS C.KURIAKOSE, JUDGE