IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 FAO.No. 133 of 2009 ------------------------ I.A.2778/2008 IN LAR.358/1997 of ADDL.SUB COURT, THALASSERY .................... APPELLANT/PETITIONER/1ST CLAIMANT -------------------------------------------- K.V.SUDHEER BABU, S/O.LATE KRISHNAN, VAYALIL HOUSE, P.O.MOORIYAD, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR RESPONDENT(S)/RESPONDENTS/2ND CLAIMANT AND RESPONDENTS: ------------------------------------------------------------------------------ 1. K.V.VINOD KUMAR, S/O.LATE KRISHNAN, VAYALIL HOUSE, P.O.MOORIYAD, KUTHUPARAMBA VILLAGE, THALASSERY TALUK, KANNUR DISTRICT. 2. THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR (LA) THALASSERY, KANNUR DISTRICT ADV. SRI.D.KRISHNANKUTTY PILLAI FOR R2 SRI.SHEEJO CHACKO FOR R2 SR. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ ------------------------------------------------ F. A. O. No.133 of 2009 ------------------------------------------------ Dated this the 2nd day of March, 2010 JUDGMENT Abdul Rehim, J This appeal is filed against order in I.A.2778/08 in L.A.R.358/97 on the files of the Subordinate Judge's Court, Thalassery. The said application was filed for posting of the Land Acquisition Reference Case for consideration and disposal on merits. History of the case is that, the reference application happened to be once dismissed on 12/03/03. An application filed seeking restoration was also dismissed, which was subject matter in appeal before this Court, in FAO.293/04, which was allowed on 04/04/05. This Court directed the parties to appear before the F. A. O. No.133 of 2009 -2- Reference Court on 17/05/05, holding that in case if the reference is allowed and enhancement is granted, the parties will not be entitled for interest for the period from 12/03/03 to 04/04/05. According to the petitioner, a mistake was crept in in the judgment of this Court in FAO.293/04 with respect to the number of the reference case (LAR number). Subsequently, on the basis of an application, this Court had corrected the judgment on 07/01/07. It is observed by the learned Subordinate Judge that even though the mistake was corrected, the appellant does not sought extension of the dates stipulated for appearance of parties before that Court, and that they failed to appear before the Reference Court on 17/05/05 as mandated in the judgment of this Court in FAO.293/04. It is further observed that even F. A. O. No.133 of 2009 -3- though judgment of this Court was corrected on 07/01/07, the present I.A. seeking posting of the Reference Case was filed only on 07/08/08. Therefore, observing that there is deliberate laches, the Sub Court dismissed the application finding that there is no merit. 2. It is noticed that with respect to all other connected references the Sub Court had granted enhancement, subsequent to remand made by this Court. Learned Standing Counsel appearing for the second respondent fairly conceded that Land Acquisition appeals are pending from the judgment of those reference cases, before this Court. Having considered the fact that the reference case was not decided on merits, and that the same happened to be not prosecuted only because of the mistake crept in the judgment of F. A. O. No.133 of 2009 -4- this Court in FAO.293/04, we are of the opinion that the causes should be decided on merits rather than denying opportunity to the claimants, based on technicalities. However, we notice that there is laches on the part of the appellant in not pursing the matter even after this Court allowed the correction on 07/01/07. 3. Under the above circumstances, we feel that the impugned order is liable to be set aside and we do so. The Subordinate Court, Thalassery is directed to post L.A.R.358/97 and to take steps for disposal of the same on merits, at the earliest. The parties are directed to appear on 23/03/10 before that court. It is made clear that in the event of the reference being allowed and the enhancement is granted, the claimants will not be entitled for interest under section 28 of the Land F. A. O. No.133 of 2009 -5- Acquisition Act for the period from 07/01/07 to 07/08/08 apart from the period mentioned in the judgment in FAO.293/04. The appellant is also directed to pay cost of Rs.1,000/- to the High Court Legal Services Committee within a period of ten days from today. The appellant will produce receipt of such payment before the court below and the matter shall be proceeded with only on noticing proof regarding such payment. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-