Kerala High Court
Krishnan Kutty Pillai vs The State Of Kerala on 7 January, 2011
Author: C.T. Ravikumar
Bench: C.T.Ravikumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36589 of 2010(W)
1. KRISHNAN KUTTY PILLAI,
... Petitioner
2. BHANUMATHI AMMA,
3. JANARDHANAN PILLAI,
4. SARASWATHI AMMA,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SPECIAL TAHSILDAR (LA) NO.I,
For Petitioner :SRI.B.SURESH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :07/01/2011
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO. 36589 OF 2010
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Dated this the 7th day of January, 2011
JUDGMENT
The properties belonging to the petitioners have been acquired for Kerala Special Refractories Ltd., Perumon. In respect of properties acquired under the same notification for the very same purpose, Ext.P1 award has been passed in LAR 248/1989 by the Subordinate Judge's Court, Kollam. Thereupon, the petitioners have preferred Exts.P3 to P7 applications under Section 28A of the Land Acquisition Act (for short 'the Act') for re-determination of the amount of compensation on the basis of Ext.P1 award. The grievance of the petitioners is with respect to the inordinate delay in passing of award on the applications submitted under Section 28A of the Act.
2. I have heard the learned counsel for the petitioners and also the learned Government Pleader. As noticed hereinbefore, the grievance of the petitioners is with respect to the delay in the matter of passing of awards on Exts.P3 to P7 applications filed under Section 28A of the Act based on Ext.P1 award. Admittedly, the said applications are pending W.P.(C) NO.36589/2010 2 before the second respondent. The second respondent is competent to consider and pass orders on Exts.P3 to P7 applications in terms of the provisions under Section 28A of the Act and, in fact, he is duty bound to consider the same in accordance with law. Taking into consideration the pendency of the said applications before the second respondent since 2007, this Writ Petition is disposed of with a direction to the second respondent to consider Exts.P3 to P7 applications submitted by the petitioner for re- determination of the amount of compensation on the basis of Ext.P1 award and pass orders thereon, under Section 28A of the Act expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment, in accordance with law.
(C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36589/2010 3 C.T. RAVIKUMAR, J.
JUDGMENT September, 2010 W.P.(C) NO.36589/2010 4