IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).No. 4304 of 2011(O) ------------------------- LAR.159/2003 of SUB COURT, HOSDRUG .................... PETITIONER(S): ---------------------- VAZHAVALAPPIL KRISHNAN, S/O. KANNAN (LATE), RESIDING AT KARIAMKODE, PEROLE VILLAGE P.O., CHATHAMATH, KASARAGOD DISTRICT. BY ADV. SRI. T. K. VIPINDAS RESPONDENT(S): ------------------------ THE SPECIAL TAHSILDAR (L.A.) N. H. KANNUR – 670 001. BY GOVT. PLEADER SRI. K. K. SAIDALAVI THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN OP(C).No. 4304 of 2011(O) APPENDIX PETITIONER'S EXHIBITS EXT. P1 COPY OF THE ORDER DATED 31.05.2007 IN I.A. 36/2007 IN L.A.R. 198/2003. EXT. P2 COPY OF JUDGMENT IN WP(C) 21687/2009 DATED 18.09.2009. EXT. P3 COPY OF THE JUDGMENT IN WP(C) NO. 16415/2010 DATED 09.06.2010. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4304 of 2011 ==================================== Dated this the 23rd day of December, 2011 J U D G M E N T Concerning land of petitioner acquired by the respondent, learned Sub Judge, Hosdurg took the claim of petitioner on file as L.A.R. No.198 of 2003 and that case was posted on 29.11.2006 for evidence in the list. Wife of petitioner filed I.A. No.1233 of 2006 to remove the case from the list stating that petitioner is admitted in the hospital. That application was dismissed and consequently the reference was answered against petitioner. That was followed by petitioner filing I.A. No.36 of 2007 to restore the reference. That application was dismissed for the reason that petitioner did not produce any medical certificate. Exhibit P1, order dismissing I.A. No.36 of 2007 is under challenge. 2. I have also heard learned Government Pleader who appeared for the respondent. 3. It would appear from the submissions that reference was answered against petitioner on 29.11.2006 since no evidence was adduced by him in support of the claim for enhanced compensation. Therefore an application for restoration of the O.P(C) No.4304 of 2011 -: 2 :- reference could not lie. But I.A. No.36 of 2007 could be treated as one for review of judgment dated 29.11.2006 answering reference against the petitioner. 4. Though no proper medical certificate was produced it is seen that wife of petitioner had filed application to remove the case from the list. In the circumstances I am inclined to think that learned Sub Judge ought to have reviewed judgment dated 29.11.2006 answering the reference against petitioner. 5. Even as per the submission of learned counsel it would appear that petitioner was undergoing treatment in the Hospital from 24.11.2006 to 02.12.2006. Application for restoration (review) was filed in the year 2007. Hence petitioner cannot justifiably ask for interest on the enhanced amount if awarded by the learned Sub Judge for the period from 29.11.2006 till this day. Original Petition is allowed. Exhibit P1, order on I.A. No.36 of 2007 in L.A.R. No.198 of 2003 is set aside. Judgment dated 29.11.2011 answering the reference against petitioner will stand reviewed subject to the condition that in case reference is answered in favour of petitioner, he will not be entitled to claim or get interest on the enhanced amount for the period from 29.11.2006 till this day. Learned Sub Judge is directed to decide O.P(C) No.4304 of 2011 -: 3 :- the reference after giving opportunity to both sides to adduce evidence. Parties shall appear in the court of learned Sub Judge, Hosdurg on 23.01.2012. THOMAS P. JOSEPH, JUDGE. vsv