This writ petition is filed challenging Ext. P3 order passed by the Special Tahsildar L.A. (General), Kasaragod, refusing to pass an award in terms of Section 28A of the Kerala Land Acquisition Act, 1894. 2. The main contention urged by the petitioner is that before passing an order, statute prescribes issuance of notice, which has not been done in the case.
3. The learned Government Pleader, on instructions, would submit the award relied upon by the petitioner was not comparable and therefore the officer was justified in rejecting the application.
4. Whatever might be the contention of the Government, if a notice is ordered, the petitioner will be given an opportunity to substantiate that the award relied upon is with reference to a comparable property. In such circumstances, denial of such an opportunity amounts to violation of principles of natural justice.
5. In the result, this writ petition is allowed as under:
Ext. P3 is set aside. There will be a direction to the Special Tahsildar L.A. (General), to consider the application submitted by the petitioner under Section 28A of the Land W.P(C) No. 25069 of 2014 -: 2 :-
Acquisition Act and pass fresh orders, after notice to the petitioner, which shall be done within two months from the date of receipt of a copy of this judgment.
Tds/ Sd/-
A.M. Shaffique, Judge.