IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12122 of 2008(R) --------------------------------------- LAR.209/1996 OF ADDL.SUB COURT,KOLLAM. .................... PETITIONER: ------------------- SAVITHRI, W/O.LATE CHITHRANGATHAN KONNASSERIL, THEKKATHIL, PANMANA, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.PRATHEESH.P. RESPONDENT: ---------------------- STATE OF KERALA. REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C)No.12122 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is preferred with a prayer to call for the records in LAR No.209 of 1996 of the Addl.Sub Court, Kollam and set aside Exts.P1 and P2 orders. By a judgment dated 3.11.2003, the Sub Judge, Kollam answered the reference against the claimant on the ground that the claimant was absent. With a petition to condone the delay, an application was filed by the claimant, who died and subsequently his legal representatives proceeded with the matter to review the order. At the outset, I may like to point out that a land acquisition court is not expected to answer the reference in the negative for want of presence of the claimant. The court is expected to apply its mind and pass award on merits. Since it has not been done injustice has been caused to the party. A Division Bench of this Court in a recent decision has also held that to make the court to correct that mistake one can file an application under Order IX C.P.C. In the light of this enunciated principles the matter requires reconsideration. Therefore, I set aside the order passed by the court below. I allow the WP(C) 12122/2008 -:2:- review application,set aside the judgment and restore LAR No.209 of 1996 to file and direct the court below to proceed with the matter afresh after giving sufficient opportunity to both sides to adduce evidence. I make it very clear that in the process of deciding the case regarding entitlement of interest for the period from disposal of reference till today be considered and if it is shown that there are negligence on the part of the claimant, the court may decline to grant interest. Parties are directed to appear before the court below on 27.5.2008. M.N.KRISHNAN, JUDGE Cdp/-