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2026 Supreme(Online)(Ker) 26261
IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
SHANMUGHAN – Appellant
Versus
THE DISTRICT COLLECTOR ALAPPUZHA – Respondent
WP(C) NO. 14153 OF 2026
For the Appellants/Petitioners: SHRI.J.OM PRAKASH
For the Respondents: SENIOR GP DEEPA NARAYANAN
Mandamus issued for expeditious disposal of land acquisition reference and delay condonation applications.
Headnote:Under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioner filed an application for reference along with a condonation of delay application before the acquiring authority, seeking expeditious disposal. The High Court directed timely consideration. The court found the applications pending and issued directions for prompt processing. The issue framed was the need for expeditious disposal of the reference and delay condonation applications. The ratio decidendi emphasizes the authority's duty to decide condonation first, then the reference, within three months, ensuring procedural fairness in land acquisition matters. Writ petition disposed with directions to the authority for consideration within three months.
JUDGMENT
The petitioner has submitted Ext.P4 application under Section 64 of theRight to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013along with Ext.P5 application seeking condonation of delay, before the 2ndrespondent and he seeks for an expeditious disposal of the same.
2. Heard the learned Government Pleader also.
After hearing both sides, I dispose of the writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 application and thereafter, subject to the decision to be taken on Ext.P5, Ext.P4 application submitted by the petitioner shall be considered by the 2nd respondent, within a period of three months from the date of receipt of a copy of this judgment.
