2025:KER:30206 WP(C) NO. 42322 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 42322 OF 2022 PETITIONER: PRALEENAN C.P., AGED 63 YEARS S/O.KARUNAKARAN, SAMATHA, PANTHAKKAL P.O, MAHE, PIN - 673310 BY ADV SATHEESHAN ALAKKADAN RESPONDENTS: 1 THE LAND ACQUISITION OFFICER, 2ND FLOOR, MINI CIVIL STATION BUILDING, PALLISSERY, THALSSERY, KANNUR DISTRICT, PIN - 670101 2 DISTRICT COLLECTOR, CIVIL STATION, COLLECTORATE, KANNUR DISTRICT - 670 002. SMT. S.L.SYLAJA, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30206 WP(C) NO. 42322 OF 2022 2 T.R. RAVI, J. -------------------------------------------- W.P.(C) No.42322 of 2022 -------------------------------------------- Dated this the 8th day of April, 2025 JUDGMENT Admit. Government Pleader takes notice for respondents. 2. 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 has been filed after the prescribed time limit. 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. 3. The writ petition is hence allowed. Ext.P3 is set aside. There will be a direction to the 1st respondent to reconsider Ext.P2 application and pass fresh orders keeping in view the proviso to Section 64(2) of the Right to Fair Compensation and 2025:KER:30206 WP(C) NO. 42322 OF 2022 3 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 JUDGE Pn 2025:KER:30206 WP(C) NO. 42322 OF 2022 4 APPENDIX OF WP(C) 42322/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION 08-08-2022 U/S 64( 1 ) OF THE ACT SUBMITTED BY THE PETITIONER Exhibit P2 TRUE COPY OF THE APPLICATION TO CONDONE THE DELAY IN FILING EXT P1 APPLICATION Exhibit P3 TRUE COPY OF THE ORDER DATED 24-08-2022 IN REF. K 3485/18 ISSUED BY THE 1ST RESPONDENT