IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 14686 of 2008(W) -------------------------- PETITIONER: ------------ M.UNNIKRISHNAN,S/O.NARAYANA GUPTHAN, RESIDING AT MUTHUKKUMPURAM HOUSE, MANNAMPATTA AMSOM, SREEKRISHNAPURAM VILLAGE, OTTAPALAM TALUK, PALAKKAD DIST,. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: ------------- THE SPECIAL TAHSILDAR(LA)GENERAL NO.11, PALAKKAD. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.14686 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008 JUDGMENT Government Pleader seeks more time to get instructions. But I have no difficulty to accept the submission of the learned counsel for the petitioner that while issuing Ext.P3, the Land Acquisition Officer has construed Ext.P2 as an application for reference under Section 18 while it is actually an application for re-determination under Section 28 A. The question of limitation for application under Section 18 and for application under Section 28 A is to be decided on different parameters. Since it is obvious from Ext.P3 that Ext.P2 has been construed by the Land Acquisition Officer as an application for reference under Section 18, I am of the view that the Land Acquisition Officer should be directed to re-consider Ext.P2 and pass fresh orders treating Ext.P2 as an application for re-determination under Section 28 A. In Ext.P2 petitioner relies on the judgment in LAR 10/2002 dated 18-08-2006. Ext.P2 is seen submitted on 24/09/2007. Under Section 28A the application has to be filed within three months from the date of WPC.No.14686/08 2 the award of the court. But the time taken for obtainment of the certified copy of the award can be excluded under the proviso to Section 28 A. The Land Acquisition Officer has to scrutinise the certified copy of the judgment in L.A.R.No.10/2002 and to decide afresh as to whether Ext.P2 application is filed on time. The result is the Writ petition is allowed. Ext.P3 is quashed and the Land Acquisition Officer is directed to pass initial orders on the question whether Ext.P2 is on time and if it is found to be on time to dispose of Ext.P2 on merits in accordance with law at the earliest. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.14686/08 2