SPECIAL TAHSILDAR L A Vs. KALLU

JUDGEMENT

(1.) This appeal by the State is preferred against the judgment of the learned Single Judge in O. P. No. 14598 of 1996 allowing the Original Petition and holding that the question as to whether reference application was preferred in time or not is to be considered by the reference court and not by the Collector. The brief facts necessary for the disposal of the appeal are as follows: The respondent herein is the wife of late Mundiyan Munhikannan who passed away on 5.4.1994. An extent of 0.0189 hectares of land in Survey No. 68/8A and an extent of 0.0094 hectares of land in Survey No. 68/9 of Kadambur amsom was acquired from the possession of the respondent's husband pursuant to an award dated 18.3.1994. According to the respondent, the compensation awarded was too low and hence application was made for reference under S.18 of the Land Acquisition Act (for short 'the Act'). The said application for reference was rejected by the Tahsildar, the 1st appellant herein vide Ext. P2 communication dated 10.7.1996 on the ground that it was filed beyond the time fixed under S.18 of the Act. As already noticed the award was passed on 18.3.1994. Notice of award was served on the respondent's husband on 19.3.1994. The respondent filed Ext. P1 application dated 31.12.1995 at the office of the 1st appellant on 2.1.1996 contending that the compensation awarded was inadequate and requesting for referring the matter to reference court. The said application was rejected by Ext. P2 proceedings of the 1st appellant herein dated 10.7.1996 on the ground that the application was filed beyond the time fixed under S.18 of the Act. Being aggrieved by Ext. P2 the respondent moved this Court contending that the question of limitation is to be considered by the Land Acquisition Court and not by the 1st appellant herein. The learned Single Judge held that the question as to whether the application was submitted in time or not is to be considered by the reference court and not by the Collector. It was also directed to refer the respondent's case to the competent civil court within two months from the date of receipt of a copy of the judgment. In the memorandum of appeal it is submitted that the aforesaid direction has been complied with and the appeal is filed in order to settle the legal issue involved in the case.

(2.) Having heard learned counsel on both sides and having perused the judgment under challenge we are of the opinion that the judgment of the learned Single Judge cannot be sustained in the eye of law.