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 2ND JUNE 2010 / 12TH JYAISTHA 1932 LA.App..No. 1513 of 2009(U) -------------------------- LAR.200/2003 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANTS ----------------------- 1. ANTONY JOSEPH (DIED), NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 2. CHECHAMMA JOSEPH, NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 3. MARIAMMA JOSEPH, NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 4. K.J.ANTONY, NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 5. K.J.MATHEW, NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 6. ALEX K.JOSEPH, NALUKETTIL, KARUVELITHARA, MITHRAKKARY, MUTTAR. 7. TEENA JOSEPH, REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI.JOSEPH, VAGHATHARA, PALLIPPARAM, CHERTHALA. BY ADV. SRI.A.K.JOHN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), INDUSTRIAL GROWTH CENTRE, CHERTHALA. 2. THE MANAGING DIRECTOR, K.S.I.D.C., THIRUVANANTHAPURAM. SR.GOVT. PLEADER SMT. LATHA T. THANKAPPAN FOR R1 ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.1513 of 2009 ---------------------------------- Dated this the 2nd day of June, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. The claimant is the appellant. His grievance is that the reference court rejected the reference under Section 18 of the L.A. Act which was in respect of acquisition of an extensive area of 42.25 Ares of dry land in Pallippuram Village acquired for the purpose of Industrial Growth Centre at Pallippuram. The claimant/appellant submits that it is only a paltry amount which was awarded by the Land Acquisition Officer and in other cases pertaining to the same acquisition the reference court, this court and even the Supreme Court has given considerable enhancement. On going through the impugned judgment we find that the court below rejected the reference on the ground of limitation. It was noticed by the court below that the award was passed on 30.11.2000 and reference application was filed on 4.5.2001. It was noticed that the appellant himself conceded in his evidence that he L.A.A.1513/09 2 had filed his reference application only after the statutorily prescribed period for filing reference application had expired. This being the position we do not find way to grant relief to the appellant. But the learned standing counsel for the requisitioning authority submits that even now LA references under Section 18 are pending before the Subordinate Judge's court, Cherthala. If that be so, it is always possible for the appellant to obtain certified copies of the judgments in such reference and apply under Section 28A for re-determination of the correct value payable to him, before the Land Acquisition Officer. Leaving that remedy open we dismiss the appeal confirming the award of the reference court. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb