High Court Kerala High Court

Kunnool Safiya vs The District Collector on 16 March, 2010

Kerala High Court
Kunnool Safiya vs The District Collector on 16 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36382 of 2009(P)


1. KUNNOOL SAFIYA, D/O. LATE ALIYUMMA,
                      ...  Petitioner
2. KUNNOOL HAMEED, S/O. LATE ALIYUMMA,
3. KUNNOOL SAINABA, D/O. LATE ALIYUMMA,
4. KUNNOOL KHADEEJA, D/O. LATE ALIYUMMA,

                        Vs



1. THE DISTRICT COLLECTOR, KANNUR.
                       ...       Respondent

2. THE SPECIAL TAHASILDAR (LAND ACAUISITION

                For Petitioner  :SRI.SERGI JOSEPH THOMAS

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/03/2010

 O R D E R
                      ANTONY DOMINIC, J.
             --------------------------------------------------
                W.P.(C) NO.36382 OF 2009 (P)
             --------------------------------------------------
            Dated this the 16th day of March, 2010

                          J U D G M E N T

Petitioners submit that their properties were acquired for

the purpose of Naval Academy, Ezhimala. Award was passed,

compensation was paid and reference under Section 18 was not

sought. They filed application under Section 28A evidenced by

Exts.P1 and P3. Meanwhile they again filed Exts.P4 to P6. That was

rejected and Exts.P9, P11 and P13 on the ground that their

applications were already rejected. Thereupon the petitioners

sought reference under Section 28A(3) by fling Exts.P10, P12 and

P14 and those were rejected by Exts.P15,P16 and 17 on the ground

that the application made by the petitioners were time barred and

the second applications were rejected as the earlier applications

were already rejected. It is in this background this writ petition is

filed.

2. As repeatedly held by this court, if rejection of the first

application was on technical grounds, second application is

maintainable from a land owner. If that be so, since the first

WPC.No.36382 /09
:2 :

application was rejected as time barred, the rejection of Exts.P4 to

P6 was illegal. In such a case applicant was entitled to have sought

reference under Section 28A(3). Therefore, in my view the claim of

the petitioners made by Exts.P10, P12 and P14 ought to have been

referred to under Section 28A(3) of the Act.

3. Accordingly, Exts.P15, P16 and 17 are quashed and the

petitioners’ reference applications Exts.P10, P12 and P14 shall be

referred to the Reference Court under Section 28(A)(3) of the Land

Acquisition Act. This shall be done as expeditiously as possible and

at any rate within 8 weeks from the date of production of a copy of

the judgment. It is clarified that this court has not pronounced on

the merits of the case and the contentions raised by both sides are

left open.

Writ petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/