IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 35904 of 2008(Y) -------------------------- PETITIONER(S): --------------- KORUNGARA SULOCHANA, D/O.LATE ALAKKADAN KUMARAN, AGED 42 YEARS, THRIKKANNAPURAM DESOM, P.O.POOKODE, KOOTHUPARAMBA, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LA), THALASSERY. 2. THE MANAGING DIRECTOR, K.S.I.D.C THIRUVANANTHAPURAM. ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No. 35904 OF 2008 ------------------------ Dated this the 8th day of January, 2009. JUDGMENT Challenge in this writ petition is against Ext.P3, an order passed by the first respondent rejecting the application made by the petitioner for redetermination of the compensation in terms of Section 28A of the Land Acquisition Act. 2. A reading of Ext.P3 would show that the approach adopted by the first respondent is purely technical. The material question was whether the application made by the petitioner was within the time allowed by the statute, after excluding the time taken for obtaining the certified copy. This issue does not seem to have been examined in the proper perspective. Therefore, I quash Ext.P2. The first respondent shall examine as to whether the application made by the /2/ petitioner was within the time permitted under Section 28A of the Land Acquisition Act, after giving exclusion to the time taken for getting the certified copy of the order produced along with the application. The matter shall be examined as above and necessary orders will be passed without any further delay. (ANTONY DOMINIC) JUDGE vi/ /2/