IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 LA.App..No. 139 of 2009() ------------------------- LAR.7/2007 of PRINCIPAL SUB COURT,KOCHI .................... APPELLANT(S): -------------- KUNJACHAN, AGED 53 YEARS, S/O.JOSEPH, KIRIYANTHAN, NAYARAMBALAM. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT(S): --------------- SPECIAL TAHSILDAR(LA), GENERAL, ERNAKULAM. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No.139 OF 2009 ------------------------ Dated this the 13th day of February, 2009 JUDGMENT Pius C.Kuriakose, J. Heard Sri.Babu Karukapadath, learned counsel for the petitioner and Sri.Basant Balaji, learned Government Pleader, who has taken notice for the respondent. 2. In this appeal, the claimant in a reference under Section 31(2) impugns the judgment of the reference court answering the reference in the negative, holding that the claimant is disentitled for the compensation under deposit. The amount was deposited by the land acquisition officer before the Court under Section 31(2) on the reason that the claimant had not established his title to the acquired property and to the determined compensation. 3. On going through the grounds raised in the appeal memorandum and on hearing the submissions of Sri.Babu Karukapadath, we are convinced that there was sufficient reason for the claimant in not appearing before the reference court on the day the impugned judgment was passed. L.A.A..No.139/2009 2 4. Accordingly, we set aside the impugned judgment and remand the LAR back to the reference court. The appellant will furnish the names and addresses of the parties who, even according to him, are interested in the dispute. Such details will be furnished by the appellant within three weeks of his entering appearing before the Reference Court and on receiving such details, the reference court will issue notice to these parties and will invite objections from them also and dispose of the LAR at the earliest and at any rate within two months of the parties entering appearance in response to the notice. The parties will enter appearance before the reference court (the Subordinate Judge's court Kochi) on 7/3/2009 PIUS.C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk