IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 8025 of 2008(E) ------------------------- PETITIONER: ------------ JESOLIT SWARNA POUSHAM, "FLORA" T.C.11-1697-1, CHARACHIRA, THIRUVANANTHAPURAM. BY ADV. SRI.P.A.AHAMMED RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE THIRUVANANTHAPURAM. 2. DEPUTY COLLECTOR (L.A) COLLECTORATE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.BASANTH BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 8025 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2008 JUDGMENT The grievance of the petitioner whose properties were acquired under the provisions of the Land Acquisition Act is that the Land Acquisition Officer rejected her application seeking a reference of the question of determination of the correct compensation payable to her to the court. It is seen from Ext.P5 that it is on the ground of delay that the Land Acquisition Officer refused to refer the question under Section 18 B of the statute. Concededly the application was time barred. Learned counsel for the petitioner would draw my attention to the judgment of the Division Bench of this court in W.A.No.446/05 and submit that in appropriate cases this court can condone delay. I am of the view that the decision in W.A.No.446/05 cannot have any application in this case since the issue as to whether the land acquisition officer or for that matter the court has the power to condone the delay in the matter of making application for reference under Section 18 is settled by various judgments of this court and of the Apex WPC.No.8025/08 2 Court. The writ petition will stand dismissed. However it is made clear that this judgment will not foreclose the petitioner's remedy under Section 28 A of the Land Acquisition Act to claim re-determination of compensation on the basis of a judgment of the reference court in other cases covered by the very same 4(1) notification. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.8025/08 2