IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 22086 of 2008(D) -------------------------- PETITIONERS: ------------ 1. T.P.MOOSAKKOYA, S/O.SEEMAMU, RAHMATH MANZIL, P.O.MELANGADI, KONDOTTY, MALAPPURAM DISTRICT. 2. AMBALAPPATTA AHAMMED KUTTY HAJI, S/O.ALAVIKUTTY, POST CHIRAYIL, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE SPECIAL TAHASILDAR, LAND ACQUISITION (G) MALAPPURAM. BY GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.22086 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 13th August, 2008 JUDGMENT The petitioners have not been able to produce any material which will indicate that there was at least oral protest by the petitioners when they received the original compensation. Learned counsel for the petitioners sought time to produce materials. On enquiry as to what is the type of material which the petitioners intend to produce, learned counsel submits that petitioners will be filing an affidavit. I do not think that a self serving affidavit sworn to by the petitioners will serve any useful purpose. The acquisition in question was for diversion of Kondotty-Tirurangadi road. Naturally, there must be other cases pertaining to the same acquisition. It is always open to the petitioners to apply under Section 28A of the Land Acquisition Act relying on any relevant court judgment. The learned Government Pleader submitted that the petitioners have already submitted Section 28A application. But the judgment relied on is judgment in a case covered by another Section 4(1) notification. That application, I am informed, has been rejected. The rejection of that application will not stand in the way of the petitioners filing fresh application on the basis W.P.C.No.22086/08 - 2 - of a relevant court judgment. Subject to the above observation, the Writ Petition will stand dismissed. srd PIUS C.KURIAKOSE, JUDGE