IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 9366 of 2009(M) ------------------------------------ PETITIONER(S): ---------------------- MARIYAMMA (MARIYAKUTTY) W/O.LATE PAILI, AGED 72 YEARS, KAYALAMPARA, CHEMBERI, P.O.CHUNDAKKUNNU. BY ADV. MR.V.N.RAMESAN NAMBISAN RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (LA), NAVAL ACADEMY, KANNUR. R1 & R2 BY GOVERNMENT PLEADER SMT.K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9366 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of May, 2009. JUDGMENT An item of land was acquired from the petitioner under the Land Acquisition Act, 1894. On the basis of an award passed by the Court, she applied for re-fixing the compensation under Section 28A(1). That was allowed as evidenced by Ext.P1 dated 29.3.2006 and she was required to appear before the competent authority on 5.4.2006. On 17.4.2006, she made Ext.P2 application, receipt of which is acknowledged at the foot of Ext.P2 by the Land Acquisition Officer on 17.4.2006. Apparently, therefore, Ext.P2 application is within time in terms of sub-section 3 of Section 28A of the Act. For the aforesaid reasons, this writ petition is ordered directing that the competent among the WP(C)9366/2009 -: 2 :- respondents will take up Ext.P2 and act thereon in terms of law after finally ascertaining that the said application is within time in terms of law. Let such action follow at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230509