High Court Kerala High Court

Ponnamma ( vs State Of Kerala on 20 December, 2006

Kerala High Court
Ponnamma ( vs State Of Kerala on 20 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32380 of 2006(D)


1. PONNAMMA (W/O.LATE GOPALACHARY),
                      ...  Petitioner
2. RAVENDRANATHAN.K.,
3. BHAVANY.K.,
4. LAILA BEEVI,
5. K.MURALEEDHARAN,
6. KUTTANPILLAI,
7. S.LALITHAMMA,
8. SARASWATHY AMMA,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SPECIAL TAHSILDAR (L.A.),

                For Petitioner  :SRI.PRATHEESH.P

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/12/2006

 O R D E R
                                             K.T. SANKARAN, J.

                        ...................................................................................


                                        W.P.(C) No. 32380  OF 2006


                      ...................................................................................

                                 Dated this the  20th  December, 2006




                                                 J U D G M E N T

Lands belonging to the petitioners were acquired for Pallimon

Distributory attached to Kallada Irrigation Project. The petitioners did not

make any application for reference. However, in respect of lands

acquired under the very same notification and for the same purpose, other

persons filed applications for reference. The reference cases are

L.A.R.Nos.88/91 and 89/91 of the Sub Court, Kottarakkara. As per Ext. P1

judgment dated 23.06.2004, the reference court disposed of L.A.Rs and

enhancement of compensation was granted. The petitioners submitted

Exts.P2 (a) to P2(h) applications under section 28A of the Land Acquisition

Act .

2. Though time was granted to get instruction, the respondents have

not given necessary instruction to the Government Pleader . In the facts

and circumstances of the case, there will be a direction to the third

W.P.(C) 32380 OF 2006

2

respondent to dispose of Exts, P2(a) to P2(h) applications submitted by

the petitioners, in accordance with law, provided the applications were filed

within the period of limitation. The 3rd respondent shall afford an

opportunity of being heard to the petitioners before taking any decision in

the matter.

The Writ Petition is disposed of as above.

K.T. SANKARAN,

JUDGE.

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