Sivarajan, J.

The question that arises for consideration is as to whether a claimant in a land acquisition case who has received the compensation without protest pursuant to the award of the Land Acquisition Officer and has not filed an application seeking reference under Section 18 is "a person aggrieved" within the meaning of Section 28 A of the Land Acquisition Act 1894 as amended by Act 29 of 1984, here in after referred to as 'the Act'. A Division Bench of this Court in State of Kerala V. Kumaran Nair (2001(1) KLT 539), held that a claimant who has not objected to the award passed by the Collector and who failed to file a reference application under Section 18 of the Act is not a person "aggrieved by the award of the Collector". When this writ petition came up for consideration before the Single Bench, the learned Judge doubted the correctness of the Division Bench judgment in view of the decisions of the Supreme Court in Union of India V. Pradeep Kumari (AIR) 1995 SC 2259) and in Union of India V. Hansoli Devi (AIR 2001 SC 2185). When the matter came up before the Division Bench on reference, the Division bench also doubted the correctness of the Division Bench jud