ABDUL MAJEED Vs. SPL TAHSILDAR

JUDGEMENT

(1.) PETITIONER challenges the order Ext. P4 passed by the respondent, the Special Tahsildar for Land Acquisition, Tellicherry.

(2.) LAND belonging to the petitioner was acquired under the provisions of the Kerala LAND Acquisition Act, 1961 (hereinafter referred to as 'the Act' ). Award was passed by the respondent on 18-3-1981. The petitioner would contend that he had filed an application on 24-4-1981 asking for reference to the competent court for decision on the amount of compensation. That application, it is alleged, was not taken up by the respondent and finally disposed of. Thereupon, he filed Ext. P3 petition on 25-4-1983 together with a copy of the petition which is stated to have been filed on 24-4-1981. The respondent by Ext. P4 order informed the petitioner that the petition dated 24-4-1981 was not received by him and that the application Ext. P3 was filed beyond the period prescribed under S. 20 of the Act and so, the matter cannot be referred to the court. Hence, this original petition.

(3.) A person interested in the property acquired who has not accepted the award, by a written application can require the Collector to refer the matter for the determination of the court. That application should be filed within the period fixed by sub-clause (a) or (b) of Clause. 2 of S. 20 of the Act. If the application is filed within the period mentioned therein the collector has to refer the matter to the court for its decision. Filing the application within the prescribed time is a condition laid in the section for making the reference to court, ie. an application within the specified time is a condition precedent for the Collector to refer the case to the court for its determination. If the person files an application within the said period fixed by statute, the Collector has no discretion to refuse to refer the matter to the court. Similarly, if the petition is not filed within the period the collector has no jurisdiction to refer the matter for the decision of the court. In this view of the matter, the Collector has no jurisdiction to exercise any discretion in dealing with the application.