P.K.Krishnan v. The District Collector, Kannur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 PETITIONER:
-------------------------- P.K.KRISHNAN, AGED 58 YEARS S/O. LATE K.P.V.KUNHAMBU POTHUVAL, RESIDING AT KPK HOUSE RAMANTHALI P.O., KANNUR DISTRICT. (DIED) Addl. PETITIONERS 2 TO 8 IMPLEADED
2. SARASWATHI.K., AGED 57 YEARS.
W/O.P.K.KRISHNAN
3. HARI.K. AGED 35 YEARS.
S/O.LATE P.K.KRISHNAN,
4. SMITHA.K.
D/O..LATE P.K.KRISHNAN.
5. GAMESH.K., AGED 31 YEARS.
S/O.LATE P.K.KRISHNAN
6. P.K.VIJAYAN, AGED 56 YEARS.
S/O.KUNHAMBU PODUVAL,
7. P.K.JAYAKUMAR, AGED 49 YEARS.
S/O.KUNHAMBU PODUVAL,
8. P.K.SATHYAN, AGED 47 YEARS.
S/O.KUNHAMBU PODUVAL (ALL ARE RESIDING AT RAMANTHALI AMSOM POST RAMANTHALI, THALIPARAMBA TALUK KANNUR DISTRICT).
(PETITIONERS NO.2 TO 8 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER P.K.SATHIYAN, AGED 47 YEARS S/O.KUNHAMBU PODUVAL, RESIDING AT RAMANTHALI AMSOM, DESOM, RAMANTHALI.P.O. TALIPARAMBA TALUK, KANNUR DISTRICT) ADDL. P2 TO P8 ARE IMPLEADED AS PER ORDER DATED 30/10/2012 IN IA 14062/2012.
BY ADV. SRI.V.N.RAMESAN NAMBISAN
RESPONDENTS:
------------------------
1. THE DISTRICT COLLECTOR, KANNUR.
2. THE SPECIAL TAHSILDAR (L.A.), NAVAL ACADEMY, PAYYANNUR.
BY GOVERNMENT PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :
COPY OF REJECTION ORDER NO. C-454/05 DATED 17.04.2008 OF THE 2ND RESPONDENT P2 :
COPY OF APPLICATION UNDER SECTION 28A OF THE LAND ACQUISITION ACT P2(a) : COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT P3 :
COPY OF ORDER OF THE 2ND RESPONDENT, NO. C.1764/05 DATED 3.1.2009 P4:
COPY OF THE PETITIONER'S APPLICATION DATED 26.02.2009 UNDER SECTION 28A(3) OF THE LAND ACQUISITION ACT P5:
COPY OF THE ORDER OF REJECTION NO. D.DIS 466/09/D DATED 12.3.2009 ISSUED BY THE SECOND RESPONDENT P6:
COPY OF THE ABOVE JUDGMENT IN WRIT PETITION, W.P.(C) NO. 16770/09 DATED 30.06.2009 P7:
COPY OF ORDER D.DIS 1578/09/C DATED 29.9.2009 ISSUED BY THE SECOND RESPONDENT REJECTING EXHIBIT P2 APPLICATION RESPONDENT(S)' EXHIBITS:-NIL /TRUE COPY/ P.A. TO JUDGE
V. CHITAMBARESH, J W.P.(C). NO. 36367 OF 2009 ---------------------------------------- Dated this the 27th day of May, 2015
JUDGMENT
Ext. P7 order passed pursuant to Ext. P6 judgment in W.P.(C). No. 16770/2005 rejects Exts. P2 and P4 applications filed under Sections 28A(1) and 28A(3) of the Land Acquisition Act, 1894. The only reason stated in Ext. P7 order is that an application under Section 28A of the Land Acquisition Act, 1894 is not maintainable on the basis of a revised judgment in a land acquisition reference.
2.
It is settled law that an application under Section 28A of the Land Acquisition Act is maintainable not only on the basis of an original judgment but also on the basis of the revised judgment in a land acquisition reference. The petitioner obviously rests his claim under Section 28A of the Land Acquisition Act, 1894 on the basis of the revised judgment in L.A.R. No. 6/1999. 3.
I therefore quash Ext. P7 order and direct the second respondent to reconsider Ext. P2 application
W.P.(C). NO. 36367 OF 2009 2 under Section 28A(1) of the Land Acquisition Act, 1894. The same shall be done with notice to the petitioner within a period of two months from the date of production of a copy of this judgment.
The writ petition is disposed of. No costs.
V. CHITAMBARESH JUDGE