IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 6124 of 2009(I) ------------------------- LAR.153/2007 of ADDL.SUB COURT,KOLLAM .................... PETITIONER(S): --------------- SUVARNAN , CHITTAZHIYATHU VEEDU CHEMAKKADU CHERRY, PANAYAM VILLAGE, KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.6124 of 2009 ================== Dated this the 25th day of February, 2009 J U D G M E N T The petitioner challenges Ext.P1 judgment of the Additional Sub Judge, Kollam, in L.A.R.No.153/1997, whereby the award passed by the Land Acquisition Officer was confirmed on the ground that the petitioner was not present. The petitioner's contention is that the Reference Court cannot dismiss an L.A.R. for default and the Court is bound to answer the reference. The petitioner also relies on Ext.P2 judgment of this Court, which categorically holds that the Reference Court cannot refuse to determine the amount of compensation simply because the claimant has not appeared or the claimant has not adduced evidence. I am of opinion that the petitioner's remedy lies in filing a restoration application to restore L.A.R.No.153/1997 to file, on the basis of Ext.P2 judgment. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge