JANARDHANA KURUP Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This an application for a writ of mandamus to direct the respondents to refer Award No. 117 of 1978 under S.20 of the Kerala Land Acquisition Act. The petitioner died on 5-9-1982 subsequent to the filing of this O. P. and this Court by order in C.M.P. No. 23536/82 allowed the application for impleading the legal representatives being the wife and three daughters of the deceased as additional petitioners 2 to 5. The petitioner had filed his application for reference on 16-6-1978 (See Ext. P2). The award had been made as early as 25-4-1978 and the notice of the award under S.12(2) was purported to have been served on the petitioner's wife on 28-4-1978. Although the petitioner's application for reference was not answered by the respondents, it is now stated in the counter affidavit that the application was rejected on the ground of time-bar. According to them it was filed outside the period of six weeks since notice had been served on the petitioner's wife. According to the petitioner no proper notice had been served in respect of the award and therefore a reference application filed within six months from the date of the award, viz., 25-4-1978, was within time.

(2.) The question is whether the respondents are right in contending that the application dated 16-6-1978 was time barred.

(3.) The petitioner's counsel Shri N. Venkatarama Iyer, rightly refers to S.49 and contends that notice served on the wife was not a proper notice and therefore the relevant provision applicable in this case is the last part of clause (b) of the proviso to sub-section (2) of S.20.