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.
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W.P.(C) NO.36382 OF 2009 (P)
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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/