WP(C) NO. 14283 OF 2025 1 2025:KER:31894 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14283 OF 2025 PETITIONER: ASWINI BABU AGED 42 YEARS S/O BABU KUZHIMATTOM PATTASSERIL , VAZHICHIRA PADINJAREPARAMBIL, CHINGAVANAM.P.O, KOTTAYAM DISTRICT, PIN – 686 531 BY ADVS. SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI SMT.RADHIKA RAMACHANDRAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695 001 2 THE SPECIAL TAHSILDAR, (LAND ACQUISITION OFFICER) LAND ACQUISITION, (KIIFB) OFFICE, UNIT 1, LRM CAMP OFFICE BUILDING, KANAKA NAGAR, KAWDIAR.P.O, VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 003 3 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM, 2ND FLOOR, CIVIL STATION ROAD, THIRUVANANTHAPURAM DISTRICT, PIN – 695 043 4 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, NEW DELHI, PIN – 110 001 SMT. DEEPA NARAYANAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14283 OF 2025 2 2025:KER:31894 T.R.RAVI.J ------------------------------------------------------- WP(C) No.14283 of 2025 -------------------------------------------------------- Dated this the 07th day of April, 2024 JUDGMENT The grievance of the petitioner is that an application submitted under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been rejected on the reason that it is delayed by 46 days. The proviso to Section 64(2) of the said Act empowers the Collector to entertain an application after the expiry of the period prescribed within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso. Hence the rejection even without considering the reason for delay is not justified. The writ petition is hence allowed. Ext.P6 is set WP(C) NO. 14283 OF 2025 3 2025:KER:31894 aside. There will be a direction to the 2nd respondent to reconsider Exts.P3 and P4 and pass fresh orders keeping in view the proviso to Section 64(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Necessary orders shall be passed within two months from the date of receipt of a copy of this judgment. Sd/- T.R.RAVI sn JUDGE WP(C) NO. 14283 OF 2025 4 2025:KER:31894 APPENDIX OF WP(C) 14283/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT ON 7.6.2024 BEARING AWARD NO. 38/24 IN LAC.NO. 586/2022 Exhibit P2 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE NOTICE ISSUED BY THE 2ND RESPONDENT ON 16.2.2024. Exhibit P3 A TRUE COPY OF THE APPLICATION SEEKING REFERENCE TO AUTHORITY SUBMITTED BY THE PETITIONER ON 25.9.2024 Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 26.9.2024 BEFORE THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE APPLICATION DATED 30.1.2025, SUBMITTED BY THE PETITIONER EXPLAINING THE DELAY OCCURRED FOR SUBMITTING EXHIBIT P3. Exhibit P6 A TRUE COPY OF THE ORDER DATED 6.3.2025, REJECTING THE EXHIBIT P3 APPLICATION FOR REFERENCE ISSUED BY THE 2ND RESPONDENT.