High Court of KeralaSingle JudgePetition allowed; Exts.P28–P33 quashed; directi...
M.T.P. Abdul Hameed v. State of Kerala and Others
Case / Petition Number:WP(C).No. 35133 of 2015 (N)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. B. Suresh Kumar
- Judgment Date
- 2016-06-02
- Court Decision / Holding
- Writ petition allowed; Exts.P28–P33 quashed; Fourth respondent directed to refer Exts.P19–P27 to the Sub Court at Payyannur for adjudication under Section 28A(3) within six weeks from today.
- Final Disposition
- Petition allowed; Exts.P28–P33 quashed; direction to refer Exts.P19–P27 to Sub Court, Payyannur under Section 28A(3) within six weeks from today.
Parties to the Case
Appellants / Petitioners
- M.T.P. Abdul Hameed
Respondents
- State of Kerala
- District Collector, Kannur
- Special Tahasildar (L.A), Ezhimala Naval Academy, Payyannur
- Special Tahasildar (L.A General), Thalassery, Kannur District
Legal Representation & Advocates
Counsels for Petitioners
- • Sergi Joseph Thomas
- • K. M. Augustine
Counsels for Respondents
- • Joseph George
Case Synopsis & Summary
The High Court of Kerala heard WP(C) No.35133 of 2015 (N), filed by M.T.P. Abdul Hameed challenging the rejection of his applications under Section 28A(1) of the Land Acquisition Act, 1894 and seeking references under Section 28A(3) in respect of properties acquired under a single notification. Abdul Hameed had not sought a reference under Section 18 but pursued re-determination of compensation under 28A(1) based on awards under 28A(3) for the same notification. The authorities had rejected the 28A(1) applications on the ground that such applications cannot be based on an award under 28A(3). Applications for reference under Section 28A(3) (Exts.P19–P23) were similarly rejected (Exts.P28–P32), while Exts.P24–P27 relating to other properties remained pending. The Court recalled settled law that an application for reference under 28A(1) can be based on a 28A(3) award (citing Aboobackar v. District Collector) and held that the rejection of 28A(1) applications on that basis was unsustainable. It also relied on Jameson v. State of Kerala to reject the insistence that 28A(3) references must be in Form 22A. Consequently, the petition was allowed; Exts.P28–P33 were quashed, and the fourth respondent was directed to refer Exts.P19–P27 to the Sub Court, Payyannur, under Section 28A(3) within six weeks. The decision clarifies admissibility and procedure for references under the Land Acquisition Act.
Provisions of Law Cited
Land Acquisition Act, 1894Section 18Section 28A(1)Section 28A(3)
Submissions & Arguments
Contentions of Appellants / Petitioners
Petitioner contends that an application under Section 28A(1) can be filed on the basis of an award under Section 28A(3) for the same notification; challenges Exts.P28–P33 for not following Form 22A; seeks quashing and directions to refer Exts.P19–P27 to the Sub Court, Payyannur under Section 28A(3).
Contentions of Respondents
State supports the procedural position taken by the authorities and argues that the references and the Form 22A requirements apply; contends for proper adherence to the established process.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Aboobackar v. District Collector | 2011 (3) KLT 822 | Positive | Cited to support that an application under 28A(1) can be based on an award under 28A(3). |
| Jameson v. State of Kerala | 2006 (3) KLT 186 | Positive | Cited to show that authorities cannot insist that a 28A(3) reference must be in Form 22A; Form 22A requirement is not mandatory. |
Diagnostic Tool
Does this judgment govern your specific facts?
Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against M.T.P. Abdul Hameed v. State of Kerala and Others and instantly map out authorities that support, challenge, or govern your position.
Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT:**
## **THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR**
**THURSDAY, THE 2ND DAY OF JUNE 2016/12TH JYAISHTA, 1938**
## **WP(C).No. 35133 of 2015 (N)**
**-------------------------------------------**
**PETITIONER(S) :**
**-------------------------**
**M.T.P. ABDUL HAMEED, S/O. LATE ABDUL KHADER, MEETHAL THAYAL PUTHIYAPURAYIL, ETTIKULAM P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN-670 308.**
## **BY ADVS.SRI.SERGI JOSEPH THOMAS SRI.K.M.AUGUSTINE**
**RESPONDENT(S) :**
- **-----------------------------**
**1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
**2. THE DISTRICT COLLECTOR, KANNUR-695 001.**
**3. THE SPECIAL TAHASILDAR (L.A), EZHIMALA NAVAL ACADEMY, PAYYANNUR-695 001.**
**4. THE SPECIAL TAHASILDAR (L.A GENERAL), THALASSERY, KANNUR DISTRICT-695 001.**
**BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE**
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
Msd.
**-----------------------------------------**
## **WP(C).No. 35133 of 2015 (N)**
## **APPENDIX**
## **PETITIONER(S)' EXHIBITS :**
**EXT.P1: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P3: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P5: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P8: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P9: TRUE COPY OF THE APPLICATION DATED 16/07/2007 FILED BY THE PETITIONER U/S.28 A OF THE LAND ACQUISITION ACT BEFORE THE 3RD RESPONDENT. EXT.P10: TRUE COPY OF PROCEEDINGS NO.REF.C.1277/07/07/C DATED 24/04/2009 OF THE 3RD RESPONDENT EXT.P11: TRUE COPY OF PROCEEDINGS NO.REF.C.1272/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P12: TRUE COPY OF PROCEEDINGS NO.REF.C.1273/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P13: TRUE COPY OF PROCEEDINGS NO.REF.C.1274/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT.**
## **WP(C).No. 35133 of 2015 (N)**
**-----------------------------------------**
**EXT.P14: TRUE COPY OF PROCEEDINGS NO.REF.C.1275/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P15: TRUE COPY OF PROCEEDINGS NO.REF.C.1276/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P16: TRUE COPY OF PROCEEDINGS NO.REF.C.1278/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P17: TRUE COPY OF PROCEEDINGS NO.REF.C.1279/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P18: TRUE COPY OF PROCEEDINGS NO.REF.C.1280/07/C DATED 30/04/2009 OF THE 3RD RESPONDENT. EXT.P19: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P20: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P21: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P22: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P23: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P24: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P25: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P26: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P27: TRUE COPY OF THE APPLICATION FOR REFERENCE DATED 18/06/2009 FILED U/S.28 A (3) OF LAND ACQUISITION ACT BY THE PETITIONER BEFORE THE 3RD RESPONDENT.**
**WP(C).No. 35133 of 2015 (N)**
**-----------------------------------------**
- **EXT.P28: TRUE COPY OF PROCEEDINGS NO.REF.D.1525/09/D.DIS DATED 23/02/2010 OF THE 3RD RESPONDENT.**
- **EXT.P29: TRUE COPY OF PROCEEDINGS NO.REF.D.1526/09/D.DIS DATED 23/02/2010 OF THE 3RD RESPONDENT.**
- **EXT.P30: TRUE COPY OF PROCEEDINGS NO.REF.D.1527/09/D.DIS DATED 23/02/2010 OF THE 3RD RESPONDENT.**
- **EXT.P31: TRUE COPY OF PROCEEDINGS NO.REF.D.1528/09/D.DIS DATED 23/02/2010 OF THE 3RD RESPONDENT.**
- **EXT.P32: TRUE COPY OF PROCEEDINGS NO.REF.D.1529/09/D.DIS DATED 23/02/2010 OF THE 3RD RESPONDENT.**
- **EXT.P33: TRUE COPY OF THE REPRESENTATION DATED 08/11/2011 FILED BY THE EZHIMALA ACTION COMMITTEE BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA.**
- **EXT.P34: TRUE COPY OF THE REPRESENTATION DATED 27/07/2012 FILED BEFORE THE LAND REVENUE COMMISSIONER.**
- **EXT.P35: TRUE COPY OF THE REPLY NO.C2/44178/11 DATED 22/11/2011 SENT FROM THE OFFICE OF THE 2ND RESPONDENT TO T.P.KARTHYAYANI.**
## **RESPONDENT(S)' EXHIBITS :**
## **NIL**
**//TRUE COPY//**
**P.A.TO JUDGE.**
Msd.
## **P.B.SURESH KUMAR, J.**
## **-----------------------------------**
**W.P.(C)No.35133 of 2015 -----------------------------------------------Dated this the 2[nd] day of June, 2016**
## **JUDGMENT**
The properties of the petitioner have been acquired for a public purpose. In respect of distinct properties, separate awards have been passed. The petitioner did not seek a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short). Later, he preferred applications under Section 28A (1) of the Act for re-determination of compensation based on an award passed in a reference under Section 28A (3) of the Act in respect of a property covered by the very same notification. The applications filed by the petitioner under Section 28A (1) of the Act were rejected on the ground that
2
W.P.(C)No.35133 of 2015
an application for re-determination of compensation under Section 28A (1) of the Act cannot be preferred based on an award under Section 28A (3) of the Act. The petitioner then sought reference of the issue under Section 28A (3) of the Act. Exts.P19 to P23 are the applications filed by the petitioner for reference under Section 28A (3) of the Act. Exts.P19 to P23 applications have been rejected by the third respondent as per Exts.P28 to P32 orders. The applications in the nature of P19 to P23 preferred by the petitioner for reference under Section 28A (3) of the Act in respect of other properties owned by him are pending. Exts.P24 to 27 are those applications. The petitioner impugns Exts.P28 to P32 orders in this writ petition. He also seeks directions to the concerned respondents to refer the dispute raised by him in Exts.P19 to P27 applications.
2.Heard the learned counsel for the petitioner as also the learned Government Pleader.
3
W.P.(C)No.35133 of 2015
3. It is now settled that an application for reference under Section 28A(1) of the Act can be preferred even based on an award passed under Section 28A (3) of the Act. See the decision of this Court in _**Aboobackar vs. District Collector**_ [2011 (3) KLT 822] _**.**_ As such, the decisions of the authority concerned in rejecting the applications preferred by the petitioner under Section 28A(1) of the Act are unsustainable. Coming to the applications preferred by the petitioner for reference of the disputes under Section 28A (3) of the Act, it is seen that the requests made by the petitioner have been turned down on the ground that the application for reference is not submitted in Form 22A. This Court in _**Jameson vs. State of Kerala**_ [2006 (3) KLT 186] has held that the authorities cannot that insist that the application for reference under Section 28A (3) shall be in Form 22A. In the said view of the matter, the petitioner has to succeed.
W.P.(C)No.35133 of 2015
4
4. In the result, the writ petition is allowed and Exts.P28 to 33 orders are quashed. The fourth respondent is directed to refer Exts. P19 to 27 applications for adjudication before the Sub Court, Payyannur as provided for under Section 28A(3) of the Act within 6 weeks from today.
Sd/-
**P.B.SURESH KUMAR, JUDGE.**
smm