IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 28477 of 2008(M) -------------------------- PETITIONER(S): --------------- K.RAJENDRANADHAN NAIR, S/O. LATE KRISHNA PILLAI, SANGAM, KOCHIPILAMOODU, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTORATE, KOLLAM. 3. THE SPECIAL TAHSILDAR,(L.A.110 KIP NO.XI KOTTAYAM, KOLLAM. BY GOVT. PLEADER SRI.SHYSON.P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.28477 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October, 2008 JUDGMENT Learned Government Pleader submits that the petitioner did not produce the certified copy of the court award relied on by him in the application under Section 28A within the time stipulated by the land acquisition officer. Copy was produced only much later. According to the Government Pleader going by that copy, the application is barred by limitation and is liable to be rejected. 2. Learned counsel for the petitioner submitted that it is trite that it is not necessary to produce the certified copy of the award along with the application. According to him, the application is not time barred. 3. I do not propose to decide the issue on merits. I dispose of the writ petition issuing the following directions; The third respondent - land acquisition officer will hear the petitioner initially on the question of limitation and take a decision on that question. This the land acquisition officer will do within one WPC.No.28477/08 2 month of the petitioner producing a copy of this judgment. If the land acquisition officer even after hearing feels that the application is liable to be rejected on the ground of limitation, he is free to pass order of rejection. If the land acquisition officer is convinced that the application is not time barred, he will hold such further enquiries as are warranted under section 28A and take a final decision on the application without further delay. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.28477/08 2