A. Madhurameenakshi vs District Collector
2023 Latest Caselaw 9335 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        WP(C) NO. 28060 OF 2023
PETITIONER/S:

    1       A. MADHURAMEENAKSHI
            AGED 75 YEARS
            W/O RAMACHANDRAN NAIR P.M,
            NO OCCUPATION.
            RESIDING AT MANGADANTHODI HOUSE,
            P.O. FAROOK COLLEGE,
            KOZHIKODE DISTRICT, PIN - 673632
    2       BHARATHI A
            AGED 46 YEARS
            D/O RAMACHANDRAN NAIR,
            NO OCCUPATION.
            RESIDING AT MANGADANTHODI HOUSE,
            P.O. FAROOK COLLEGE,
            KOZHIKODE DISTRICT, PIN - 673632
            BY ADVS.
            M.K.SUMOD
            VIDYA M.K.
            RAJ CAROLIN V.
            THUSHARA.K


RESPONDENT/S:

    1       DISTRICT COLLECTOR
            OFFICE OF THE DISTRICT COLLECTOR,
            COLLECTORATE, CIVIL STATION,
            KOZHIKODE DISTRICT, PIN - 673001
    2       THE SPECIAL TAHSILDAR (LA),
            OFFICE OF THE LA SPECIAL TAHSILDAR,
            KOYILANDI, KOZHIKODE DISTRICT, PIN - 673305
    3       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,
            REVENUE (L & A), GOVERNMENT OF KERALA,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

            BY SMT.PREETHA K.K., SR.GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.28060 of 2023
                                       2



                              JUDGMENT

The petitioners have approached this Court seeking

an expeditious consideration of Ext.P4 application filed by the

petitioners under Section 28A of the Land Acquisition Act.

2. The learned counsel appearing for the

petitioners would submit that the application was filed as on

10.04.2014 and no orders have been passed on the same on

the ground that an appeal is pending against the order of the

reference court on the basis of which, the claim was raised. It

is submitted that the land acquisition appeal has also been

disposed of and therefore, there cannot be any objection in

considering Ext.P4 application, in accordance with the law.

3. Heard the learned Government Pleader also.

Having regard to the facts and circumstances of the

case and considering the fact that Ext.P4 application has been

pending from 2014, this writ petition will stand disposed of

directing the first respondent to consider and pass orders on

Ext.P4 application, in accordance with the law, and after

affording an opportunity of hearing to the petitioners or their WPC No.28060 of 2023

authorized representative, within a period of two months from

the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P., JUDGE rkj WPC No.28060 of 2023

APPENDIX OF WP(C) 28060/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SKETCH PLAN CERTIFIED BY THE VILLAGE OFFICER, RAMANATTUKARA BEARING NO. 85/2013 DATED NIL Exhibit P2 TRUE COPY OF THE NOTICE ISSUED UNDER FORM NO. 9B WITH REF NO. B-835/10 (BLOCK V) DATED 12/07/2010 AND ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE DECREE IN LAR 148/2012 DATED 15/02/2014 OF THE COURT OF SUBORDINATE JUDGE OF KOZHIKODE Exhibit P4 TRUE COPY OF THE APPLICATION DATED 10/04/2014 FOR RE-DETERMINATION OF COMPENSATION SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONERS Exhibit P5 TRUE COPY OF THE COMMUNICATION WITH REFERENCE NO.D2/441/2014 DATED 08/12/2016 ISSUED BY THE SECOND RESPONDENT TO THE 1ST PETITIONER Exhibit P6 TRUE COPY OF THE JUDGEMENT DATED 06/09/2018 IN LAA 533/14 BEFORE THE HON'BLE HIGH COURT OF KERALA