Thuruthipalli Shobana vs The Special Tahsildar (La)
2021 Latest Caselaw 14273 Ker

WP(C) NO. 12494 OF 2021             1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                    WP(C) NO. 12494 OF 2021
PETITIONER/S:

          THURUTHIPALLI SHOBANA,
          AGED 60 YEARS,
          W/O. LATE KALASAKARAN KARUNAKARAN, KOVVAPPURAM, POST
          RAMANTHALI, PAYYANNUR, KANNUR DISTRICT.

          BY ADVS.
          M.SASINDRAN
          SATHEESHAN ALAKKADAN



RESPONDENT/S:

    1     THE SPECIAL TAHSILDAR (LA),
          LAND ACQUISITION, EZHIMALA NAVAL ACADEMY PROJECT,
          PAYYANNUR - 670 307.

    2     THE DISTRICT COLLECTOR,
          KANNUR - 670 001.




          SMT A C VIDHYA, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12494 OF 2021                         2



                                     JUDGMENT

Ext.P3 is an application for reference filed by the legal heirs of

Sri.Kalasakkaran Karunakaran under Section 28A (3) of the Land Acquisition

Act, 1894 based on the revised judgment in LAR No. 120 of 1987 on the file of

the Sub Court, Payyannur. The petitioner contends that in the light of the law

laid down by this Court in Annamma Thomas v. State of Kerala [2010 (1)

KLT 623], an award passed by reference court following an appellate order of

remit is an award sufficient to sustain an application under Section 28(1).

Being aggrieved by the inaction of the respondents in forwarding Ext.P3, she

has approached this Court seeking the following reliefs.

(i) issue a writ of mandamus or any other writ, order or direction to the respondents to refer the matter as sought for in Ext.P3, to the Sub Court Payyannur within one month.

(ii) command the respondents to consider Ext.P3 and pass orders within one month;

(iii) to declare that an application under Section 28A of the LA Act, 1894 is maintainable based on a revised judgment of the Civil Court;

(iv) issue a writ of certiorari or any other writ or order to quash Exhibit P2.

2. I have heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. The learned Government Pleader on instructions submitted that Ext.P3

application was initially not traceable. However, the same has been traced out

now and the same shall be forwarded to the Sub Court, Payyannur within a

period of one month.

4. In view of the said submission, there will be a direction to the

respondents to refer the matter as sought for in Ext.P3 to the Sub Court,

Payyannur expeditiously, in any event, within a period of one month from

today. The petitioner shall produce a copy of the writ petition along with this

judgment before the 1st respondent to ensure compliance.

This writ petition is disposed of.

SD/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

APPENDIX OF WP(C) 12494/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 03.06.2008 FILED BY THE HUSBAND OF THE PETITIONER BEFORE THE COLLECTOR UNDER SECTION 28A FILED BY THE PETITIONER IS ISSUED UNDER RIGHT TO INFORMATION.

Exhibit P2 TRUE COPY OF THE ORDER NO.DDIS/871/05/C DATED 07.08.2009 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND HER CHILDREN ON 04.02.2010 UNDER SECTION 28A (3) OF THE ACT TO THE 1ST RESPONDENT.

RESPONDENT(S) EXHIBITS: NIL