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1977 Supreme(Ker) 346

GEORGE VADAKKEL
ACHUTHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Petitioner: C.S. Balakrishnan & R. Bhaskaran.
For the Respondents: Government Pleader.

JUDGMENT :

Admittedly the application under S.20 of the Kerala Land Acquisition Act, 1961 reached the Collector’s Office only on 6-3-1974, when it was received on his behalf. That application was posted on 5-3-1974 and sent by registered post acknowledgement due. The application as aforesaid was sent pursuant to receipt of notice issued under S.12 (2) of the Act informing about the award passed on 19-12-1973. There is dispute between the parties as to when the notice issued under S.12 (2) of the Act was received by the petitioner, on 22-1-1974 as averred in the counter-affidavit on behalf of the respondents or on 24-1-1974 as stated by the petitioner. The endorsement on he return of the notice appears to bear the date 22-1-1974 and therefore I will proceed in this case on that basis. The question raised is as to whether the petitioner who has received the notice issued under S.12 (2) of the Act on 22-1-1974 was within time in making the application for reference by sending the same by registered post on 5-3-1974, which no doubt reached, the Collectorate only the next day, 6-3-1974.

2. It is common case that if the application was received in the Collectorate on 4-3-1974 it would have










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