IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8127 of 2008(P) ------------------------- LAR.62/2005 of ADL.SUB COURT, THALASSERY .................... PETITIONERS: ------------ 1. K.LAKSHMI, AGED 61, W/O.LATE K.V.KUNHIRAMAN, VANDICHALIL HOUSE, POST CHIRAKKAL R.S., KANNUR-II. 2. K.KISHOREKUMAR, AGED 37, S/O.LATE K.V.KUNHIRAMAN, VANDICHALIL HOUSE, POST CHIRAKKAL R.S., KANNUR-II. 3. K.LATHISHKUMAR, AGED 35, S/O.LATE K.V.KUNHIRAMAN, VANDICHALIL HOUSE, POST CHIRAKKAL R.S., KANNUR-II. BY ADV. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SMT.V.A.SARITHA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, KANNUR. 2. DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR. BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8127 OF 2008 --------------------- Dated this the 11th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Subordinate Judge, Thalasery to consider and dispose of LAR 62/05 on merits. Learned Subordinate Judge, disposed of the case holding that claimants 1 to 4 did not file any statement, even after the lapse of six months. Therefore the court closed the reference confirming the order of the land acquisition authority. 2. At the outset, it has to be stated that only on filing of an objection and making request for reference, the court gets the reference. When the reference is made to the Subordinate Judges court, the court cannot simply throw away the claim on the ground that no separate statement is filed. 3. Therefore, the order passed by the subordinate Judge, is not in accordance with law for the reason that the Apex court as well as this court in very many decisions had held that Land Acquisition Court is expected to apply its mind to the facts of the case and come to a conclusion regarding the correctness of the compensation awarded by the land acquisition authority. WPC NO 8127/08 2 Therefore the award under challenge is set aside and the matter is directed to be restored to file and the Subordinate Judge, Thalasery is directed to dispose of LAR 62/05 in accordance with law after permitting all parties concerned to adduce evidence in support of their respective contentions. Parties are directed to appear before the court below on 10.4.08. M.N.KRISHNAN, JUDGE vps WPC NO 8127/08 3 WPC NO 8127/08 4