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2009 Supreme(Ker) 784

THOTTATHIL B.RADHAKRISHNAN
Panachikunnel Annamma Thomas – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:For the Petitioners:O. Ramachandran Nambiar, Advocate. For the Respondent: R1 & R2, I.V. Pramod, Government Pleader.

Judgment :

These writ petitions raise certain issues under the Land Acquisition Act, 1894.

2. Sub Court, Payyannaur decided LAR 120 of 1987 on 20.3.1990. At the instance of the claimant, this court set aside that award in L.A.A.No.220 of 1992 and remitted that matter for reconsideration, giving the claimants opportunity to amend their pleadings. After the remit, the Sub Court passed an award on 3.9.1997.

3. Based on the aforesaid award dated 3.9.1997, hereinafter, the "post-remit award", for short, the petitioner in WP(C)25626 of 2009 filed an application invoking Section 28A(1) of the Act. That request was turned down holding that the application was not filed within a period of three months from the date on which the Sub Court issued the award dated 20.3.1990, that is, the award before the appeal to this court.

4. The petitioner in WP(C) 24875 of 2009 filed an application under Section 28A(1) on the basis of the award in LAR 150 of 1987. Thereafter, it appeared to the petitioner that the said application would be time barred. Therefore, another application under Section 28A(1) was filed based on the aforesaid post-remit award in LAR 120 of 1987. The first application based on the







































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