IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 5824 of 2009(W) ------------------------- PETITIONER(S): --------------- GEORGE JOHN ,S/O.JOHN RESIDING AT KADANTHODU HOUSE, PERUNNA PO, CHANGANASERRY, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL) KOTTAYAM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5824 of 2009 ================== Dated this the 12th day of March, 2009 J U D G M E N T Certain properties belonging to the petitioner have been acquired. Ext.P1 is the notice issued under Section 12(2) of the Land Acquisition Act, which is dated 10.10.2007. The petitioner challenged the acquisition itself by filing W.P.(C).No.34347/2007, which was dismissed by order dated 28.7.2008. The petitioner's complaint now is that the compensation due to the petitioner has not been disbursed so far. The petitioner filed Ext.P3 representation dated 18.8.2008 for a direction to disburse the compensation amount due to the petitioner as also for referring the matter regarding claim for enhanced compensation to the Court. The petitioner seeks a direction to dispose of Ext.P3 expeditiously. 2. I have heard the learned Government Pleader also. 3. As far as disbursement of the compensation amount is concerned, if the amount has not so far been disbursed, the respondent is bound to disburse the same to the petitioner expeditiously. However, I do not think that the petitioner can now validly seek a reference under Section 18 of the Act in so far as Ext.P1 is dated 10.10.2007 and the petitioner has filed Ext.P3 only on 18.8.2008, which is far beyond the period of limitation prescribed w.p.c.5824/09 2 under Section 18. Of course the petitioner would contend that he was hoping that the acquisition itself would be set aside in the writ petition. I am of opinion that that is no reason for either extending the period of limitation or condoning the delay for which this Court would not be justified in doing. Therefore, I am not inclined to direct the respondent to consider the question of reference under Section 18 to the Court on the basis of Ext.P3. However, I direct the respondent to disburse the compensation amount due to the petitioner, if not already paid, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge