IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 28220 of 2007(H) --------------------------------------- PETITIONER: ----------------- GOPALAKRISHNAN NAIR, S/O.SANKARAN NAIR, VADAKKEDATH HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DIST. BY ADV. SRI.P.V.GEORGE(ONAKKOOR) SRI.REJI GEORGE SMT.MANJU RAJAN RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE SPECIAL TAHSILDAR (L.A), MUVATTUPUZHA VALLEY IRRIGATION PROJECT (M.V.I.P), KOOTHATTUKULAM - 688 662. BY GOVERNMENT PLEADER SHRI BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.28220 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008 J U D G M E N T -------------------- The grievance of the petitioner is that the application filed by him under Section 28A(3) of the Kerala Land Acquisition Act was rejected without assigning any proper reason. Land belonging to the petitioner was acquired for a public purpose. He filed an application for re-determination. An award was also passed. Subsequently, petitioner filed another application under Section 28A of the Act claiming enhancement on the ground that for the lands covered by L.A.R. Nos.135 and 1996 which were acquired under the very same notification Sub Court had awarded enhanced compensation. In response to that application, Exhibit P4 notice dated 16.11.2000 was issued to the petitioner directing him to appear on 16.12.2000. According to the learned Government Pleader on 16.12.2000 itself the 28A application was dismissed. But it is seen that on 16.10.2001 the Land Acquisition Officer again issued another notice directing the petitioner to appear on 7.11.2001 for an enquiry to re- W.P(C) NO. 28220 OF 2007 -: 2 :- determine the compensation. Pursuant to the said notice, petitioner appeared before the Land Acquisition Officer on 7.11.2001. Thereafter petitioner filed Exhibit P6 petition requesting the Land Acquisition Officer that the result of the enquiry conducted on 7.11.2001 may be intimated to him. The Land Acquisition Officer issued Exhibit P7 notice informing the petitioner that his application was actually dismissed on 16.12.2000. On receipt of Exhibit P7, petitioner filed Exhibit P8 application under Section 28A(3) of the Act. The stand taken by the Land Acquisition Officer is that it is time barred as the 28A application was dismissed on 16.12.2000. 2. If, as a matter of fact, the application was dismissed on 16.12.2000, why the Land Acquisition Officer issued a notice on 16.10.2001 directing the petitioner to appear is not explained. It is not disputed that Exhibit P5 notice was issued by the Land Acquisition Officer. There is nothing on record to show the application was actually dismissed on 16.12.2000 and that fact was informed to the petitioner. It is not possible to accept the contention of the State that the application was dismissed on 16.12.2000. The application can W.P(C) NO. 28220 OF 2007 -: 3 :- be deemed to have been dismissed on 17.12.2001. If time is taken from that date, 28A(3) application filed by the petitioner is within time. 3. In the counter affidavit filed by the State it is stated that the application was not referred to as it was time barred. That stand is not correct. So there will be a direction to the Land Acquisition Officer to consider Exhibit P8 application filed by the petitioner under Section 28A(3) of the Act and pass appropriate orders in accordance with law treating the same as one filed within time, within two months from the date of receipt of a copy of this judgment. Writ Petition is disposed of with the above direction. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH JANUARY, 2008