This Writ Petition is filed challenging Ext.P9 order of the 2nd respondent rejecting an application filed under Section 28A(3) of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act' for short. The application of the petitioner has been rejected for the reason that an earlier application filed by the petitioner under Section 28A of the Act has been rejected. According to the learned counsel for the petitioner, the said reason cannot be a ground for rejection of the petitioner's application under Section 28A(3) of the Act. Reliance is also placed on the decision of this Court in Saradha P. v. State of Kerala [2008(1) KHC 738]. I have heard the learned Government Pleader also.
2. A perusal of Ext.P9 shows that the reason for rejection of the impugned order is that, an earlier application filed by the petitioner under Section 28A has been rejected. Since the earlier application was rejected as out of time, it is stated that the application under Section 28A(3) is also not sustainable. A W.P(c) No.24995 of 2012-Y 2 similar question was considered by this Court in Saradha P. v. State of Kerala (supra). It has been held that an application under Section 28A(3) cannot be rejected for the reason that an earlier application under Section 28A had been rejected as being out of time. The question to be decided while considering the application under Section 28A(3) is whether the said application has been submitted within the time stipulated. Since the said question has not been considered in Ext.P6, rejection of the petitioner's application on the ground stated in Ext.P6 is unsustainable.
For the above reasons, Ext.P6 is set aside. The 2nd respondent is directed to consider the petitioner's application submitted under Section 28A(3) afresh, and to pass appropriate orders thereon, in accordance with law and in the light of the dictum in the decision of this Court referred to above and to pass appropriate orders in the matter, as expeditiously as possible and at any rate, within a period of two months of the date of production of a copy of this judgment by the petitioner.
Sd/-
(K.SURENDRA MOHAN, JUDGE) rtr/