IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 37257 of 2008(I) -------------------------- PETITIONER(S): --------------- SMT. PARANGAN NARAYANI, W/O. BALAKRISHNAN, SOUPARNIKA, MOORIKOVVAL, PAYYANNUR AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.SERGI JOSEPH THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE SPECIAL TAHSILDAR (LA), EZHIMALA NAVAL ACADEMY, PAYYANNUR. GOVERNMENT PLEADER SMT. K.R. DEEPA FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 37257 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 16th February, 2009. J U D G M E N T Three items of petitioner's property were acquired under the Kerala Land Acquisition Act. The petitioner did not seek reference under Section 18 for enhanced compensation. However, in respect of some other property included in the same acquisition, the reference court passed an award granting enhanced compensation. The petitioner filed an application under Section 28A for compensation in tune with the award passed by the reference court. In respect of two items of properties, the petitioner's application for enhanced compensation under Section 28A was rejected by Ext. P3 order dated 4-1-1999. In respect of the third item of property also, the application of the petitioner was rejected by Ext. P4 order dated 9-10- 2006. On receipt of the same, the petitioner submitted an application under Section 28A(3) seeking reference of the claim in respect of all three items of property to the court. By Ext. P6, the petitioner's application under Section 28A(3) in respect of the first two items covered by Ext. P3 has been rejected on the ground that the petitioner did not seek reference within the time stipulated in Section 28A(3) read with Section 18. However, by Ext. P7 order, the application for reference to the reference court in respect of the third item of property was allowed and the matter was referred to the court. The petitioner challenges Ext. P6 order. 2. According to the petitioner, since the application of the petitioner under Section 28A was a composite application in respect of the three items of properties, it was not proper for the Land Acquisition Officer to reject the application piece-meal. Therefore, according to her, the termination would start only when the third item of property was referred to the reference court by Ext. P7, in which case, the application for reference would be within time. W.P.C. No. 37257/2008. -: 2 :- 3. I have heard the learned Government Pleader also. 4. I am unable to agree with the learned counsel for the petitioner. Admittedly, there are three items of properties. By Ext. P3 order dated 4-1-1999 in respect of two items of properties, the matter was refused to be considered under Section 28A on merits. The petitioner did not do anything in respect of the same for nine long years. She filed the application for reference only after the application under Section 28A in respect of the last item of property was allowed. The 3rd item of property being distinct and separate, I do not think that the petitioner can wait till the order is passed in respect of the third item of property also for seeking reference under Section 28A(3) for reference to the reference court in respect of the other two items. For reference under Section 28A(3), the provisions of Sections 18 to 28 have been made applicable. As per Section 18, a limitation of six weeks is prescribed. Admittedly, in respect of first two items of property, the petitioner has not filed an application for reference within the stipulated time. In fact, there is delay of almost nine years. That being so, the petitioner cannot validly seek reference in respect of those two items of properties at this distance of time. Therefore, I do not find any merit in this writ petition and accordingly the same is dismissed. Counsel for the petitioner submits that subsequently another award was passed in respect of some other properties on the basis of which he has filed another application under Section 28A. It would be open to the petitioner to approach the Land Acquisition Officer for disposal of the same, which the Land Acquisition Officer shall dispose of in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.