High Court Kerala High Court

G.Prabhakaran vs State Of Kerala on 8 June, 2010

Kerala High Court
G.Prabhakaran vs State Of Kerala on 8 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16330 of 2010(M)


1. G.PRABHAKARAN, MELLOOTTU VEEDU,
                      ...  Petitioner
2. GAURI, W/O.THANKACHAN,

                        Vs



1. STATE OF KERALA, REPRESENTED
                       ...       Respondent

2. THE DISTRICT COLLECTOR, KOLLAM.

3. THE SPECIAL TAHSILDAR (LA),

                For Petitioner  :SRI.V.K.SANTHOSH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :08/06/2010

 O R D E R
              T.R. RAMACHANDRAN NAIR, J.
                  ----------------------------------------
                  WP (C) NO. 16330 of 2010
                  ---------------------------------------
              Dated this the 8th day of June, 2010


                        J U D G M E N T

The petitioners herein are aggrieved by non disposal

of their applications filed under Section 28A of the Land

Acquisition Act.

2. The properties of the petitioners were acquired for

the purpose of Kallada Irrigation Project as per

notification dated 25.07.1986. It is stated that the first

petitioner’s property comprised in Sy.No. 5344/D16 &

5344/D10 of Kottamkara Village having a total extent of

4.43 Ares and the second petitioner’s property is

comprised in Sy.No.4779/B2 of the same Village having

an extent of 5.20 Ares were acquired for the purpose.

3. Applications have been filed by the petitioners

under Section 28A of the Land Acquisition Act for

enhancing the compensation awarded by the Land

Acquisition Officer. These have not been disposed of, so

far, even though the matter was heard by the Land

WP (C) NO. 16330 of 2010
2

Acquisition Officer long back in the year 2008. Exhibit P1

and P2 are the notices issued in respect of the hearing

conducted by the Land Acquisition Officer. Being

aggrieved by the non disposal of the applications, the

petitioners have filed this writ petition.

4. Heard the Learned Government Pleader appearing

for the respondents. Since the matter has already been

heard, there will be a direction to the third respondent, to

consider the application and pass orders/awards on their

merits based on the materials produced by the

petitioners, if the awards have not been passed so far

within a period of six weeks from the date of receipt of a

copy this judgment. No costs.

T.R. RAMACHANDRAN NAIR,
JUDGE.

rkc