IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8910 of 2008(I) ----------------------------------- LAR.94/2001 OF SUB COURT, MAVELIKKARA .............................................. PETITIONER: ------------------ ABDUL GAFOOR, S/O.PAREETH KUNJU, THOTTUKADAVIL, PATHIYANKARA, THRIKKUNNAPPUZHA. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA. 2. INLAND WATER AUTHORITY, KOCHI. BY ADV. SRI.V.SANTHARAM, SC, IWAI GOVERNMENT PLEADER SMT. R. BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8910 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of March, 2008. J U D G M E N T This writ petition is preferred to set aside Exts.P2, P5 and P7 orders in Land Acquisition Reference 94/01. The Land Acquisition Reference Court dismissed the Land Acquisition reference on the ground that the legal heir certificate was not produced. Those applications were filed to restore the Land Acquisition Reference with a petition to condone the delay. It has also ended in dismissal. One cannot find fault with the Land Acquisition Reference Court for the reason that in spite of giving opportunity the legal heirship certificate was not produced. 2. The learned counsel would submit at the time of filing the restoration application he has obtained the same and now he is in a position to produce it before the Court. The other side would contend that there has been deliberate delay and no indulgence should be done to persons who are W.P.C 8910 OF 2008 -:2:- not producing documents in spite of chances. I feel technicality shall not defeat the ends of justice and if there is a case let it be fought out. Therefore I set aside the orders passed in delay condonation application and also allow the restoration application and thereby set aside the order of closing the Land Acquisition Reference. The Court below is directed to proceed with the matter afresh after permitting all concerned to adduce evidence in support of their respective contentions including the certificate which the petitioner want to rely and dispose of the matter in accordance with law. Parties are directed to appear before the Court below on 11.4.2008. If the Court finds that there is deliberate laches on the part of the claimant in producing the legal heir certificate the Court is at liberty to reduce grant of interest till that period. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-