IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 31085 of 2008(A) -------------------------- PETITIONER(S): --------------- N.RAVEENDRAN, AGED 66 YEARS, S/O. NARAYANAN, MUDUMBIL VEEDU, CHACKAI, THIRUVANANTHAPURAM. BY ADV. SRI.R.MANOJ RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR (LAND ACQUSITION) THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No. 31085 of 2008 ------------------------ Dated this the 2nd day of December, 2008 JUDGMENT The learned counsel for the petitioner seeks an adjournment. But, it is seen that the petitioner has not produced any document pursuant to this court's order dated 18/11/2008. The issue is whether the petitioner had filed an application for reference under Section 18 on time. It was submitted by the learned Government Pleader on the basis of the instructions received that no written application seeking reference was filed by the petitioner within the statutory period of six weeks of the date of service of notice under Section 12 (2). It is conceded, however, that the petitioner submitted a written statement before the Land Acquisition Officer on 21/6/2004 ”(sammatha patram)” expressing his willingness to surrender the land covered by the award. A copy of the aforementioned “sammatha patram” is placed before me. Sammatha patram is dated 21/6/2004 and it does contain a request that the question of determination of the correct compensation be referred to the WPC.No.31085/2008 2 Sub Court. I would have been inclined to construe the sammatha patram dated 21/6/2004 as an application for reference had it been filed within a period of six weeks of the date of service of the award notice. But, it is seen that the above sammatha patram is submitted about one year after service of notice of the award. Hence, it is not possible to grant relief to the petitioner. However, it is made clear that it is always open to the petitioner to apply for redetermination of the compensation under Section 28A on the basis of some relevant court award. (PIUS.C.KURIAKOSE,JUDGE) dpk