K. Narayana Kurup, J.

This appeal by the State is preferred against the judgment of the learned Single Judge in O.P. No. 14598 of 1996 allowing the Original Petition and holding that the question as to whether reference application was preferred in time or not is to be considered by the reference court and not by the Collector. The brief facts necessary for the disposal of the appeal are as follows: The respondent herein is the wife of late Mundiyan Munhikannan who passed away on 5.4.1994. An extent of 0.0189 hectares of land in Survey No. 68/8-A and an extent of 0.0094 hectares of land in Survey No. 68/9 of Kadambur amson was acquired from the possession of the respondent's husband pursuant to an award dated 18.3.1994. According to the respondent, the compensation awarded was too low and hence application was made for reference under S.18 of the Land Acquisition Act (for short 'the Act'). The said application for reference was rejected by the Tahsildar, the 1st appellant herein vide Ext. P2 communication dated 10.7.1996 on the ground that it was filed beyond the time fixed under S.18 of the Act. As already noticed the award was passed on 18.3.1994.

Notice of award was s