IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 LA.App..No. 1439 of 2007(D) --------------------------- LAR.179/2001 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT: CLAIMANT ------------------- PULLAN OUSEPH LILLY, AGED ALUMOOTTIL PULLAN HOUSE, ARUVAPPARA, VENGOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.MATHEWS K.PHILIP SMT.T.MANASY RESPONDENTS: RESPONDENTS ------------------------ STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NATIONAL HIGH WAY NO.1, ERNAKULAM, KAKKANADU. BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 1439 of 2008 ---------------------------------- Dated this the 17th day of June , 2008 J U D G M E N T Heard Sri.Mathews K.Philip, the learned counsel for the appellant and Sri.Shyson P.Manguzha, the learned Government Pleader for the respondent. 2. Under the impugned judgment, the Reference Court dismissed the case which was a reference under Section 28A (3) of the Land Acquisition Act for redetermination on the basis of the judgment in L.A.R. No. 534/1997 for default on the reason that the claimant is absent and that she has not adduced any evidence. While considering C.M.Appln. No.1672/2007 for condonation of the delay caused in the matter of filing the appeal, I had occasion to consider the merit of the excuse offered by the petitioner appellant for her absence before the reference court. I condoned the delay imposing costs. Under the above circumstances, I am of the view that justice demands that the appellant be given an opportunity to adduce whatever evidence she has at her command in support of her claim in L.A.R. No.179/2001. Accordingly, I set aside the award and decree W.P.(C) NO. 1439/2007 2 under appeal and remand L.A.R. No.179/2001 back to the Principal Sub Court, North Parur. That court will itself allow an opportunity to both sides to adduce evidence and dispose of the L.A.R. case afresh at the earliest and at any rate within three months of the parties' appearing before the reference court. The parties will appear before the reference court on 28.7.2008. PIUS C. KURIAKOSE JUDGE dpk