MAHALESHMI THAMPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question for consideration in this case is as to whether an application made under S.18 of the Land Acquisition Act received by the Collector after the prescribed period of limitation can still be regarded as one made within the prescribed period of limitation, if the said application was presented to the post office for being despatched to the Collector by registered post within the prescribed time. S.18 reads:

(2.) The above principle laid in connection with presentation of appeal is equally applicable to making of applications under S.18 of the Land Acquisition Act. Thus it is clear the question involved in this case stands concluded by the above decisions of the Division Bench and that the principle laid down by the single Judge in 1982 KLT 466 is no more good law. We have therefore no hesitation in taking the view that the appellant's application sent by post not having been received by the Collector within the prescribed period of limitation, the said application cannot be regarded as having been made to the collector within the prescribed period of limitation. The view taken by the learned single Judge that the application of the appellant is barred by limitation is therefore right and does not call for interference. The appeal fails and is dismissed. No costs.