IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 16415 of 2010(B) -------------------------- LAR.159/2003 of SUB COURT, HOSDRUG .................... PETITIONER(S): --------------- K.R.KANNAN, S/O.V.RAMAN, RESIDING NEAR RAJA ROAD, P.O.NILESWER, NILESHWAR VILLAGE, HOSDURG TALUK. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): --------------- 1. THE SPECIAL TAHSILDAR (LA), KASARAGOD. 2. THE MANAGING DIRECTOR, ROADS AND BRIDGES CORPORATION, COCHIN. BY G.P. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 16415 of 2010-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2010. JUDGMENT The petitioner is aggrieved by Ext.P1 order passed by the Sub Court, Hosdurg relating to L.A.R. No.159/2003. As per the above order, the application to set aside the ex-parte order and to restore the reference case stands dismissed. 2. The petitioner herein is the claimant in L.A.R. No.159/2003 of the Sub Court, Hosdurg. The property was acquired for the purpose of National Highway. The case was included in the special list on 3.11.2006. It is pointed out that the petitioner was completely laid up with Poly Arthralgis. The doctor advised bed rest at least for one month from 27.10.2006 and therefore he could not appear before the court on that day. I.A. No.1138/2006 was filed along with a medical certificate, to remove the case from the special list. Again, the case was re-listed to 28.11.2006, on which date also the petitioner could not appear for the very same reasons and he filed I.A.No.1217/2006 for joint trial of L.A.R. No.159/2003 along with L.A.R. No.156/2003 which was dismissed. When the counsel reported no instructions, the Reference Court answered the reference against the wpc 16415/2010 2 petitioner. This led to the petitioner filing the present application, viz. I.A. No.7/2007 under Order 9 Rule 9 and Section 151 of the Code of Civil Procedure. 3. It is pointed out that this Court has set aside similar orders passed by the same Court in the judgments in W.P.(C) Nos.24789/2007, 27762/2007, 28664/2007, 29176/2007, 29279/2007 and 37806/2009 and other cases. The judgment in W.P.(C) No.37806/2009 has been produced herein as Ext.P2. It is pointed out that the petitioner has produced medical certificate in support of the application to set aside the ex-parte order. It is further pointed out that the petitioner had given evidence as P.W.1, but the Court rejected the plea which has resulted in denying the petitioner a chance to get an adjudication on the merits of the matter. 4. The Court below has actually considered the matter elaborately in the light of the evidence adduced, but the same has been discarded. This is a case where the petitioner's plea with regard to the illness is supported by a medical certificate. The reference was answered against the petitioner in the light of the fact that the application for removing the case from the special list was dismissed. Therefore, there is no adjudication on the merits of the matter. It is pointed out that in similar cases this Court has set aside the like orders. I am of the view that the same yardstick can be adopted in the case wpc 16415/2010 3 of the petitioner. Even if the Court below has found that the conduct of the case by the petitioner was not satisfactory, since the petitioner was seeking for enhancement of the compensation, the matter will have to be adjudicated on merits, after allowing an opportunity. 5. In the above view of the matter, Ext.P1 order is quashed. There will be a direction to the Sub Court, Hosdurg to restore L.A.R. No.159/2003 to file and dispose of the matter on merits after affording an opportunity to the petitioner for adducing evidence. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/