IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 17216 of 2010(B) -------------------------------------- PETITIONER: ------------------- M.A.UBAID, AGED 57 YEARS S/O.LATE M.ABBAS, FATHIMA MANZIL, UDUMA P.O, KASARGODE DISTRICT. BY ADVS. SRI.JAWAHAR JOSE, SMT.CISSY MATHEWS. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR CIVIL STATION, VIDHYANAGAR, KASARGODE. 2. THE SPECIAL TAHSILDAR (LAND ACQUISITION), CIVILS STATION, VIDHYANAGAR, KASARGODE. R1 & R2 BY GOVERNMENT PLEADER SRI. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17216/2010-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PAGES OF PASSPORT OF THE PETITIONER. EXT.P.2: COPY OF THE POWER OF ATTORNEY. EXT.P.3: COPY OF THE APPLICATION FOR REFERENCE. EXT.P.4: COPY OF THE ORDER DTD. 27/03/2010. EXT.P.5: COPY OF THE RECEIPT FOR THE AMOUNT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 17216 OF 2010 ------------------------------- DATED THIS THE 11TH DAY OF JULY, 2011 JUDGMENT Petitioner challenges Ext.P4 order. He also seeks for a declaration that his application for reference under Section 18(1) of the Land Acquisition Act has been submitted within the time prescribed by the statute. Petitioner is permanently employed in Dubai as evidenced by Ext.P1 passport. Some extent of property belonging to the petitioner was acquired for widening Uduma- Beevoori Road. Section 4(1) notification was published on 3/11/2007. The order under Section 11 was passed on 31/10/2009. Admittedly, the petitioner was not in India at the time of passing the award. It is not disputed that the petitioner was not present at the time of passing the award. Ext.P1 passport shows that on 4/9/2009 petitioner left India. His next visit to this country was on 25/3/2010. Petitioner submitted Ext.P3 application for reference on 6/1/2010 through his power of attorney holder. That was -2- W.P.(C).No.17216/2010 rejected by Ext.P4 order stating that the application is not within the time. In item No.5 of the application for reference the date is shown as 24/11/2009 as the date of receipt of notice of award. If 24/11/2009 is the date of receipt of notice of award, no doubt, the application is beyond the period of six weeks. The petitioner submits that the date mentioned in item No.5 is a mistake. Ext.P1 also shows that the petitioner was abroad from September, 2009 to March 2010. Therefore, there was no occasion for the petitioner to receive the notice. If that be so, the provision applicable to the petitioner's case is latter part of Section 18(2)(b) of the Act, i.e. six months from the date of award. Admittedly, the application was submitted within the said period. In the aforesaid circumstances, this writ petition is allowed. Ext.P4 order is quashed. There will be a direction to the 2nd respondent to refer the case of the petitioner under Section 18 of the Land Acquisition Act to the reference court concerned. HARUN-UL-RASHID, Judge. kcv.