IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 CRP.No. 246 of 2008() --------------------- AGAINST THE ORDER DATED 18/06/2007 IN IA.1843/2007 IN LAR.47/2000 of PRINCIPAL SUB COURT,PARAVUR .................... REVISION PETITIONER(S): APPELLANT; ------------------------------------------------------------ STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER RESPONDENT(S): RESPONDENTS:- ----------------------------------------------------- 1. LEKSHMI, D/O.VALSALAKUMARI, KANNARI PUTHENVEETIL, PARAVOOTHARA, PARAVOOR. 2. SUNILKUMAR, S/O.LATE SANTHAKUMARI, KANNARI PUTHENVEETTIL, PARAVOOTHARA, PARAVOOR. R1 & R2 BY ADVS. MR.C.CHANDRASEKHARAN, MR.P.VISWANATHA MENON. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- C.R.P No. 246 OF 2008 -------------------------- Dated this the 3rd day of August 2009 ------------------------------------- O R D E R The revision is filed by the State of Kerala against the dismissal of a petition moved under Section 151 and 152 of the Code of Civil Procedure to correct a mistake in the judgment and decree regarding the date of taking over of the possession of a property acquired, in respect of which a reference was made for enhanced compensation as L.A.R No.47/2000 before the Principal Sub Court, Paravur. The application was opposed by the respondents / the claimants. The learned Sub Judge dismissed the application holding that there is neither a mistake nor omission and further there is nothing in the record as to the date on which possession of the land was taken over. Propriety and correctness of that order is challenged in the revision. C.R.P No. 246 OF 2009 Page numbers 2. I heard the counsel on both sides. Learned Government Pleader submitted that the possession was taken over on 06/07/1996 and that formed the part of the records by which reference application was forwarded to the Sub Court to adjudicate the claim of enhanced compensation but by mistake the court has recorded the date of taking over of the possession as 16/12/1995 which was carried over in the decree as well resulting in granting of compensation on various claims from 16/12/1995. To rectify and correct the date of taking over of possession as 06/07/1996 and to carryout appropriate correction in the judgment and decree, the petition was filed. But the court below dismissed that application for the reasons that there is no mistake or omission and further no records are available to examine whether any mistake crept in with reference to the date of taking over of possession in the judgment and decree. What was required was only calling for the C.R.P No. 246 OF 2009 Page numbers trial court records including the records forwarded for reference from the Land Acquisition Officer and that would have given a quietus to the whole controversy. Mechanical disposal of the application without examining such records needless to point out is not a fair disposal at all. So setting aside the impugned order, the court below is directed to examine the records of the trial court including the application for reference and connected records received from the Land Acquisition Officer and pass appropriate orders. If at all there is any mistake over the date of taking over of the possession of land in the judgment and decree it has to be corrected in accordance with law. Revision is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv