IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9405 of 2009(U) ------------------------------- PETITIONER: -------------- ELIYOTT MADHAVI, D/O.LATE CHIRI, AGED 62 YEARS, ECHILAMVAYAL, P.O.VELLUR, KANNUR DISTRICT. BY MR.V.N.RAMESAN NAMBISAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (L.A.), NAVAL ACADEMY, PAYYANNUR. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9405 OF 2009 ---------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT The petitioner challenges Ext.P5 order, whereby the petitioner's application for enhanced compensation under Section 28A of the Land Acquisition Act has been rejected on the ground that there is no land for which the petitioner claims enhanced compensation measuring 1 acre has been acquired from the applicant in the proceedings for acquisition. I am not inclined to entertain this writ petition for two reasons. First is that admittedly, the petitioner received Ext.P5 on 15.4.2008. The petitioner has not offered any explanation for the inordinate delay of almost one year in challenging the same. Secondly, when an application under Section 28A is disposed of, the remedy of the petitioner lies in filing an application under Section 28A(3) of the Act for reference to the Court within the limitation period prescribed which had not been done by the petitioner. Therefore, the petitioner's claim is statutorily barred by limitation. In the above circumstances, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd