IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 LA.App..No. 74 of 2010() ------------------------ LAR.83/2006 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): CLAIMANTS A & B ----------------------------- 1. PARAMESWARAN NAMBOOTHIRI, S/O.PARAMESWARAN NAMBOOTHIRI, AGED 81 YEARS, KAKKAD MANA, GURUVAYOOR. 2. DEVAKY ANTHARJANAM, W/O.PARAMESWARAN NAMBOOTHIRI, AGED 74 YEARS, KAKKAD VADAKKE MANA, GURUVAYOOR (NOW RESIDING AT 'ANUGRAHA', RING ROAD NORTH, GURUVAYOOR. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT(S): RESPONDENTS -------------------------- 1. THE SPECIAL TAHSILDAR, L.A., GURUVAYOOR DEVASWOM, GURUVAYOOR. 2. THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR. 3. THE DISTRICT COLLECTOR, THRISSUR. SRI.V.KRISHNA MENON THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 74 OF 2010 ------------------------ Dated this the 21st day of January, 2010 JUDGMENT Pius C.Kuriakose, J. Under challenge in this appeal preferred by the claimants is the judgment of the Reference Court answering the reference negatively on the reason that the claimants are absent. We notice that on the day the reference case posted before the learned Sub Judge for trial in the special list, the appellants/claimants were absent. On their behalf, I.A. No.6044/2009 was filed by their counsel seeking an adjournment on the reason that some more time will be required for getting copies of the documents relied on by the appellants for supporting their claim for enhancement. The learned Sub Judge dismissed the I.A. and closed the LAR on the basis that the claimants are absent. 2. When this appeal came up for admission, Sri.V.Krishna Menon, Standing Counsel took notice on behalf of the requisitioning authority. We have heard not only Sri.N.M.Madhu, learned counsel for the appellants/claimants, but also Sri.V.Krishna Meon, learned Standing Counsel. Even though the LAA.No.74/2010 2 learned Sub Judge cannot be blamed for having answered the reference in negative on the reason that the claimants are absent and no documents are produced by them, we feel that, having regard to the principle that causes should be adjudicated on their merits as far as possible, rather than decided on technical reasons, the appellants/claimants can be given an opportunity to substantiate their claim before the Reference Court. At the same time, since it is clear that there was some laches on the parts of the appellants in not producing the relevant documents promptly, we are inclined to impose certain conditions. Accordingly, the result of this appeal will be as follows; 3. The appeal will stand allowed by way of remand. The judgment and decree under appeal are set aside. L.A.R. No.83/2006 is remanded to the IInd Additional Sub Court, Thrissur. That court is directed to afford opportunity to both sides to adduce whatever evidence they want to in support of their rival contention and to answer the reference on merits at the earliest and at any rate within 4 months of the parties entering appearance pursuant to this judgment. However, we make it clear that the above directions will become operative only LAA.No.74/2010 3 subject to the following conditions; i). The appellants pay a sum of Rs.1000/- to the Kerala High Court Legal Services Committee within ten days from today and produce receipt before the Reference Court. ii). During the period from 22nd September 2009 till date (21st January 2010) enhanced compensation, if any, which may be determined by the Reference Court under the revised judgment to be passed by that court will not carry interest otherwise admissible under Section 28 of the L.A. Act. The parties will appear before the Reference Court on 8/2/2010. The appellants have so far remitted only one third of the court fee. The court fee so remitted will be refunded to the counsel for the appellants. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk