IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 12099 of 2007(M) -------------------------- PETITIONER: ------------ 1. ANANDAN, CHARUVILA VEEDU, PERUMPUZHA, KUNDARA, KOLLAM. 2. KUNJUPENNU, KUNNUMPURATHU VEEDU, PERUMPUZHA, KUNDARA, KOLLAM. 3. SUNDRAN.S., SANTHAKUMARY, MUKALUVILA VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 4. JAGADAMMA.S., MADANVILAPUTHEN VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 5. KUNJU RAMAN, VELLOOR CHARUVILA VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 6. R.NEELAKANDAN, KUNNUVILA VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 7. NEELAKANTAN.R., KUNNUVILA VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 8. KOCHUKUNJU CHITTA, PANAYIL VEEDU, KUREEPPALLY, PERUMPUZHA P.O., KUNDARA, KOLLAM. 9. NARAYANAN.K., CHARUVILA VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 10. NABEESABEEVI, W/O.LATE SHAHUL HAMEED, VILAYILPADINJATTATHIL VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 11. MINI, D/O.JENARDANAN, MADANVILA PUTHEN VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM. 12. M.BASHEERKUTTY, THATTAVANATHU VADAKKATHIL, (VILAYIL PADINJATTATHIL), PERUMPUZHA P.O., KUNDARA, KOLLAM. BY ADV. SRI.A.MUHAMMED RAFFI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR (L.A.), K.I.P.KOLLAM, KOTTIYAM, KOLLAM. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDI X IN W.P.C.NO.12099/07 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMENT OF THE ADDITIONAL SUB COURT, KOLLAM DATED 24/2/2005 IN LAR.NO.566/88 EXT.P2 TRUE COPY OF APPLICATION FILED BY THE FIRST PETITIONER UNDER SECTION 28(A) OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P3 TRUE COPY OF APPLICATION FILED BY THE SECOND PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DTD. 17-11-06 EXT.P4 TRUE COPY OF THE APPLICATION FILED BY THE THIRD PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P5 TRUE COPY OF THE APPLICATION FILED BY THE 4TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P6 TRUE COPY OF THE APPLICATION FILED BY THE 5TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P7 TRUE COPY OF THE APPLICATION FILED BY THE 6TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P8 TRUE COPY OF THE APPLICATION FILED BY THE 7TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P9 TRUE COPY OF THE APPLICATION FILED BY THE 8TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P10 TRUE COPY OF THE APPLICATION FILED BY THE 9TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P11 TRUE COPY OF THE APPLICATION FILED BY THE 9TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P12 TRUE COPY OF THE APPLICATION FILED BY THE 10TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P13 TRUE COPY OF THE APPLICATION FILED BY THE 11TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 EXT.P14 TRUE COPY OF THE APPLICATION FILED BY THE 12TH PETITIONER UNDER SECTION 28 A OF THE LAND ACQUISITION ACT DATED 17-11-2005 /True Copy/ PA to Judge PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.12099 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2008 JUDGMENT The grievance of the petitioners is that Exts.P2 to 14 applications under Section 28A of the Land Acquisition Act filed by them have not been disposed of by the Land Acquisition Officer. The Land Acquisition Officer has filed a detailed counter affidavit wherein it stated that Exts.P2 to P14 are not the originals of the applications which were filed by the petitioners. The applications under Section 28A were filed by the petitioners on two other dates namely 2/6/2005 and 23/2/2000. The 5th petitioner alone has produced the copy of the judgment relied on. The applications filed by the other petitioners were considered by the Land Acquisition Officer and notices were issued to them directing them to produce the certified copies of the judgments relied on. The hearing date of these applications was on 30/05/2008. 2. Learned Government Pleader has placed before me the photostat copies of the original of the applications which were actually received by the Land Acquisition Officer. WPC.No.12099/07 2 Having considered the counter affidavit and the documents produced along with the same as well as the copies of the applications actually filed by the petitioners, I am of the view that the petitioners are not entitled for the reliefs sought for by them in the writ petition. The petitioners cannot insist that Exts.P2 to P14 should be disposed of by the Land Acquisition Officer as though the applications are actually filed by the petitioners. It is seen that the Land Acquisition Officer after processing the applications received has issued notices to the petitioners other than the 5th petitioner to produce the certified copies of the judgments. It is for the petitioners to produce the judgments and once the judgments are produced by all the petitioners, the Land Acquisition Officer will dispose of the applications actually received by him from the petitioners under Section 28 A in accordance with law and inform the petitioners accordingly. The Land Acquisition Officer shall act as expeditiously as possible. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.12099/07 2