IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 WP(C).No. 27526 of 2008(B) -------------------------- LAR.22/2008 of III ADDL.SUB COURT, ERNAKULAM .................... PETITIONER: ------------ K.E.SUNITHA AGED 38 YEARS, W/O.MUHAMMED, ADVOCATE, PUKKATTU HOUSE, KANGARAPPADI,VADACODE P.O. ERNAKULAM. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ------------- 1. SPECIAL TAHSILDAR, K.R.L,N.F.GATE, TRIPUNITHURA. 2. THE CHIEF EXECUTIVE OFFICER INFO PARK, KUSUMAGIRI P.O.,KAKKANAD. BY G.P. SMT.LATHA T.THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ W.P.(C)No.27526 of 2008 ------------------------ Dated this the 16th day of September, 2008 JUDGMENT Under challenge in this writ petition under Article 227 is Ext.P4 judgment of the land acquisition reference court answering the reference initiated under Section 18 of the Land Acquisition Act at the instance of the petitioner against the petitioner on the basis that the petitioner claimant remained absent in spite of service of notice and that she did not adduce any evidence for supporting her claim for enhanced compensation. Ext.P4 purports to be an award on merits. 2. The learned Government Pleader Smt.Latha T.Thankappan is technically right in submitting that the regular remedy for the petitioner is to impugn Ext.P4 under the appellate jurisdiction of this court. But, I find that though Ext.P4 purports to be on merits, the same has been passed in the absence of the petitioner. 3. Sri.V.N.Ramesan Nambisan, the learned counsel for the petitioner, has been able to convince me that the petitioner was WPC.No.27526/2008 2 prevented from appearing before the reference court on the day the case stood posted before that court i.e. 22/5/2008 due to sufficient and genuine reasons. I am therefore, inclined to dispose of this writ petition directing the petitioner to file application before the reference court seeking to reopen the reference despite its apparent tenor as award on merits, explaining the reasons which prevented her from appearing before that court on 22/5/2008. I am sure that the learned subordinate judge will entertain the application to be filed by the petitioner if the same is filed within Ten days from today. (PIUS.C.KURIAKOSE,JUDGE) dpk