IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12582 of 2010(W) -------------------------- LAR.199/2003 of SUB COURT, HOSDRUG .................... PETITIONER(S): ---------------------- PATHRAVALAPPIL RAVINDRAN, S/O.ACHUTHAN, RESIDING AT PALLIKKERE, P.O.PALLIKKERE, NILESHWAR VILLAGE, HOSDURG TALUK. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): ------------------------- THE SPECIAL THASILDAR (L.A), N.H.KANNUR. GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, ALONG WITH WPC NO.12628/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NOs. 12582 & 12628 OF 2010 ========================== Dated this the 8th day of April, 2010 J U D G M E N T The challenge in these writ petitions is against Ext.P1 orders passed by the Sub Court, Hosdurg dismissing IA No.31/07 in LAR 199/03 and IA No.8/07 in LAR 3/05. The land belonging to the petitioner was acquired and he sought reference. Reference was registered as LAR 199/03 and LAR 3/05. Due to the illness of the petitioner, he could not appear before the Court on the dates when the cases were posted for evidence, and ultimately the reference cases were answered against the claimant. He sought restoration of the cases and that was dismissed by Ext.P1 orders in these cases, which are challenged in these writ petitions. 2. Petitioner relies on Ext.P2 judgment rendered by this Court in WP(C) No.37806/2009 and where an order similar to Ext.P1 in these cases have been set aside. Adopting the same reasoning, I quash Ext.P1 orders in these writ petitions also. It is directed that the Sub Court, Hosdurg will restore LAR 199/03 and LAR No.3/05 and dispose of the matter on merits after affording an opportunity to the petitioner to adduce evidence. It is made WPC Nos.12582 & 12628/10 :2 : clear that if the awards are of enhancement, it will be specified in the awards that the claimant in LAR No.199/03 will not be entitled to interest from 7/12/2006 till date and the claimant in LAR No.3/05 will not be entitled to interest from 24/11/2006 till date. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp