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Suresh Pillai vs State Of Kerala

High Court Of Kerala|25 June, 2014
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JUDGMENT / ORDER

An extent of 1.50 Ares, out of the property having an extent of 12 cents comprised in Sy.No.2/59 of Sasthamangalam Village, was acquired by the first respondent for widening LMS-Sasthamangalam road. The petitioner is one of the co-owners of the said property. The petitioner filed Ext.P2 application under Section 28A of the Land Acquisition Act seeking re-determination of the amount of compensation based on Ext.P1 award. The grievance of the petitioner is that despite its receipt no final orders have been passed thereon.
2. I have heard the learned counsel for the petitioner, the learned Government Pleader and also the learned standing counsel appearing for the second respondent.
3. The learned Government Pleader, on instructions, submitted that Ext.P2 application submitted by the petitioner is still pending. When an application under Section 28A is admittedly filed and pending, being the authority competent to pass orders thereon the third WP(C).No.13693/2014 2 respondent cannot disuse the said power and in fact, the third respondent should exercise the said power. In that view of the matter, this writ petition is disposed of with a direction to the third respondent to consider Ext.P2 application and pass appropriate orders thereon expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of copy of this judgment. It is made clear that this Court has not made any observation on merits.
Sd/-
C.T.RAVIKUMAR Judge TKS
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Title

Suresh Pillai vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
25 June, 2014
Judges
  • C T Ravikumar
Advocates
  • Sri Sheji P Abraham