High Court of KeralaWP(C)/28353/2014disposed of

Raveendran K.P v. State Of Kerala

2015-01-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 28353 of 2014 (T) ----------------------------------------- PETITIONER:

-------------------------- RAVEENDRAN K.P S/O CHERIYA CHINDA PODUVAL KODIYATH PADINHARE VEETTIL, RAMANTHALI P.O KANNUR 670308 BY ADV. DR.K.P.PRADEEP RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

2. THE DISTRICT COLLECTOR, KANNUR, CIVIL STATION, KANNUR 670002

3. THE SPECIAL TAHSILDAR, LAND ACQUISITION GENERAL/ (EZHIMALA NAVAL ACADEMY) LA OFFICE, MINI CIVIL STATION, THALASSERY 670040 BY SR. GOVERNMENT PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28353 of 2014 (T) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 26-06-2014 SUBMITTED ON 26-06-2014 BEFORE THE 3RD RESPONDENT BY THE PETITIONER UNDER SECTION 28A OF THE LAND ACQUISITION ACT 1894 EXHIBIT P2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED ON 27-062014 BY SMT. LAKSHMI AMMA AND OTHERS IN THE NAME OF THE PETITIONER RESPONDENT(S)' EXHIBITS:- --------------------------------------- ANNEXURE R3(a) COPY OF THE PROCEEDINGS NO.DDIS. C/959/5 DATED 09.03.2009 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 28353 OF 2014 ---------------------------------------- Dated this the 13th day of January, 2015

JUDGMENT

The petitioner is one among the co-owners whose property has been acquired for the Naval Academy. Ext. P1 application filed for re-determination of compensation under Section 28A of the Land Acquisition Act is pending. The petitioner seeks early consideration of the same in this writ petition.

The third respondent has filed a statement producing along with it Annexure R3(a) order. The same reflects that another co-owner had filed a similar application under Section 28A of the Land Acquisition Act. It is also seen that the said application was dismissed as barred by limitation. 3.

The respondents contend that the second application under Section 28A of the Land Acquisition Act is not maintainable. The petitioner however asserts that the earlier application was rejected on the ground of delay and not on merits. Reliance is placed on Madhavi v. Special Tahsildar [2003(1) KLT 813] for this purpose. 4.

Without expressing any opinion on merits, I direct the third respondent to consider Ext. P1 application as per law. Needless to say that the petitioner shall be put on notice

W.P.(C). NO. 28353 OF 2014 2 before final orders are passed. Every endeavour shall be made to see that orders are passed within three months. The writ petition is disposed of.

V. CHITAMBARESH JUDGE