IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5156 of 2008(L) ------------------------- LAR.160/1993 of ADDL.SUB COURT,KOLLAM .................... PETITIONER: ------------- SASIDHARAN, S/O. LAKSHMANAN, PUTHEN VEEDU, NEDUMGOLAM, PARAVOOR. BY ADV. SRI.PRATHEESH.P RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER, SMT.R.BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5156 OF 2008 --------------------- Dated this the 13th day of February, 2008 JUDGMENT This writ petition is preferred to direct the Additional Subordinate Judge, Kollam, to set aside the dismissal of the LAR 160/93 and to pass appropriate orders in accordance with law. 2. A perusal of the writ petition would reveal that the claimant in the land acquisition case moved an application for adjournment and it was dismissed. Consequently, the court below passed an order confirming the award of the land acquisition officer. It is true that it is not a dismissal for default but is a disposal without application of mind. A Division Bench of this court in the decision reported in Shahida Beevi v. State of Kerala [2008 (1) KHC 383] held that “in such cases the High Court will not be in a position to decide the correctness of the award and the matter normally would have to be remitted to the Reference Court. The claimant can file a petition under Section 151 CPC simpliciter or under Section 151 r/w Order IX Rule 9 CPC before the Reference Court and the Reference Court is bound to consider the same on merits. WPC NO 5156/08 2 Therefore, I direct the writ petitioner herein to move an application under Section 151 r/w Order IX Rule 9 CPC before the court below for consideration and the same court shall consider the application sympathetically for the reason that the claimant is entitled to have a say on the merits of the case. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 5156/08 3