IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31229 of 2009(W) ------------------------------------------ PETITIONER(S): ------------------------ SUHARABI,W/O.LATE BARE ABOOBACKER HAJI, CHEMBERIKA,KALNAD VILLAGE, PO,CHANDRAGIRI, KASARAGOD DISTRICT,REPRESENTED THROUGH POWER ATTORNEY HOLDER C.A.MOIDEENKUNHI, AGED 47 YEARS, RESIDING AT CHEMBERIKA. BY ADV.MR.SURESH KUMAR KODOTH RESPONDENT(S): -------------------------- 1. THE SPECIAL TAHSILDAR(LAND ACQUISITION, KASARAGOD. 2. THE DISTRICT COLLECTOR,KASARAGOD. R1 & R2 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31229 of 2009-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2009. JUDGMENT “CR” 1.Petitioner applied for re-determination of compensation under Section 28A(1) of the Land Acquisition Act, 1894. That was rejected as time- barred. Hence, this writ petition. 2.Heard learned counsel for petitioner and learned Government Pleader. 3.Petitioner applied on 20th November, 2004 relying on an award passed by the Court on 21st August, 2004. 4.Section 28A(1) of the LA Act provides that the written application under that provision shall be made within three months from the date of the WPC31229/09 -: 2 :- award of the court. The word 'month' is not defined in the LA Act. Therefore, the definition of that term in Section 3(35) of the General Clauses Act, 1897 applies. Hence, the month has to be reckoned according to the British calendar. Therefore, the period of three months for the purpose of an application under Section 28A(1) has to be reckoned according to the British calendar, applying Section 3(35) of the General Clauses Act. By the proviso to Section 28A(1) of the LA Act, the date of pronouncement of the award by the court shall be excluded in computing the period of three months. 5.The award of court relied on by the petitioner was delivered on 21st August, 2004. Therefore, the period of three months for the petitioner to apply under Section 28A(1) on the basis of the award relied on by her ends on 22nd November, 2004. The petitioner's application filed on 20th November, 2004 was, therefore, well within time. Hence, the impugned order does not stand. WPC31229/09 -: 3 :- 6.In the result, Ext.P5 is quashed and the first respondent is directed to take up the application of the petitioner and render decision on it, on merits. The writ petition is allowed as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/181109