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2004 Supreme(Ker) 480

PIUS C.KURIAKOSE
Abdul Rasheed – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This Writ Petition has been filed seeking to quash Ext.P3 order by which the application filed by the petitioner under Section 28A of the Land Acquisition Act has been rejected by the Land Acquisition Officer 3rd respondent on the ground of limitation. The petitioner filed Ext.P2 application relying on the judgment in L.A.R.No.85 of 1994 of the subordinate Judge’s Court, Mavelikara which pertained to another property covered by the Section 4(1) notification under which the petitioner’s property was also acquired. The Subordinate Judge’s Court, Mavelikara pronounced the judgment in L.A.R.No.85 of 1994 on 12.4.2002, the day on which that court was closed for midsummer vacation. The Mavelikara Sub Court was having midsummer vacation by virtue of a notification issued by the High Court under Section 19 of the civil courts Act till 25.52002. The petitioner applied for certified copy of the judgment in L.A.R.No.85 of 1994 on 25.52002 itself and did not waste time in the matter of the copy application after the same was filed. He filed Ext.P2 application within three months of obtaining the copy. However the Land Acquisition Officer passed Ext.P3 rejecting Ext.P2 on the ground

















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