IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 3127 of 2006(V) ------------------------- PETITIONER: ------------ FREDSON WILFRED, WILLS BUNGALOW, CHAKAI, THIRUVANANTHAPURAM. BY ADV. SRI.J.GEORGE RESPONDENTS: ------------- 1. THE LAND ACQUISITION, SPECIAL TAHSILDAR, ADDITIONAL L.A.UNIT, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 3127 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 JUDGMENT Under challenge in this writ petition is Ext.P6 order of the Land Acquisition Officer rejecting the application for reference under Section 18(2) filed by the petitioner on the ground of limitation. The petitioner concedes that the award was passed on 23-05-2005 and that he did receive a notice under Section 12(2) on 10/06/2005. According to the respondents, reference application was received by them on 16/08/2005. But according to the petitioner, the reference application was personally submitted before the Land Acquisition Officer on 15/07/2005. If the claim of the petitioner that the reference application was submitted before the Land Acquisition Officer on 17/05/2005 personally is correct, then the reference application will be within time. But having gone through the files I am inclined to accept the version of the respondents that the reference application was actually submitted by the petitioner only on 16/08/2005. It is seen that the Land Acquisition Officer had been receiving the papers submitted before him WPC.No.3127/08 2 by putting his initials with date on them. The file shows that the original of the reference application was received by the Land Acquisition Officer only on 16/08/2005. Therefore it cannot be said that the Land Acquisition Officer erred in passing Ext.P6 rejecting the reference application submitted by the petitioner on the ground of limitation. In my opinion, the petitioner does not have to worry. The acquisition was for the purpose of construction of a road. There should be other cases which were referred to the court at the instance of other claimants whose properties were acquired under the very same notification. It is always open to the petitioner to apply under Section 28 A on the basis of enhancements awarded by the court in such reference cases. Making it clear that Ext.P7 will not stand in the way of the petitioner invoking his remedies under Section 28A, I dispose of the writ petition without granting the reliefs prayed for. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.3127/08 2