IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 LA.App..No. 230 of 2011 (B) ------------------------------- LAR.66/2004 of SUB COURT, PAYYANNUR .................... APPELLANT(S): PETITIONER ------------------------------- ETTAMMAL GOVINDAN, P.A.HOLDER OF ARUMADI MANIKKAM, PUNCHAKKADU P.O., PAYYANNUR VIA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE RESPONDENT(S)/RESPONDENT: ----------------------------------- THE SPECIAL TAHASILDAR (LAND ACQUISITION), THALASSERY-679 301. SR. GOVERNMENT PLEADER SRI.C.R.SHYAMKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/11/2011, ALONG WITH LAA NO.231 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ L. A. A. Nos.230 & 231 of 2011 ------------------------------------------------ Dated this the 29th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The one grievance which is voiced by the appellant in whose favour an award under Section 28A was passed by the Land Acquisition Officer is that despite reference to the court and passage of award under Section 28A(3) by the court and successive orders passed by the learned Sub Judge correcting/amending his award under Section 28A(3) the statutory benefits due under Section 28 upon the market value re-determined by the Land Acquisition Officer is not paid to him. We are of the view that even if the grievance voiced by the petitioner is correct, his remedy is to challenge the successive orders passed by the Reference Court on 17/06/08, 04/08/08 and 09/02/09 on the application for review filed by the petitioner. Relegating the petitioner to that remedy, we dispose of this appeal without examining L. A. A. Nos.230 & 231 of 2011 -2- the merits of the grounds raised by the appellant. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE