IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 13073 of 2008(F) -------------------------- LAR.138/2002 of SUB COURT, CHERTHALA .................... PETITIONER: ------------ SUGATHAN, AGED 58 YEARS S/O. RAMANKUTTY, ARUKUZHIYIL HOUSE MANAPPURAM P.O., THYCATTUSSERY VILLAGE CHERTHA;A TALUK, ALAPPUZHA DIST. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: ------------- 1. KERALA STATE REP. BY SPECIAL TAHSILDAR (L.A.) GENERAL, ALAPPUZHA 2. THE PROJECT OFFICER, NO.III OECF PROJECT KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM BY GOVT. PLEADER SMT. R.BINDU ADV. SRI.BABU VARGHESE, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 13073 OF 2008 --------------------- Dated this the 11th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the Subordinate Judge, Cherthala, in IA 952/04 in LAR 138/02, whereby the court below has dismissed the delay condonation application as well as the application for review. It is seen that on 11th August, 2004, the court has answered the reference holding that since the claimant is absent and no evidence is adduced, the award passed by the Land Acquisition Officer is just and proper. 2. I am afraid that the court below has committed a serious mistake by passing such an order. Time went again. The Apex court as well as this court in so many decisions had laid down that in a land acquisition reference the court has to consider the case on merits and has to apply its mind to the materials available and pass a considered award. So it is an award passed with gross illegality. When such an illegality is attempted to be corrected by way of a review application, that also has been dismissed. Therefore approach of the court below is erroneous and the matter requires interference. WPC NO 13073/08 2 3. I allow the application to condone the delay as well as the review application and also set aside the order passed by the court below on 11.8.04 and direct the land acquisition court to restore LAR 138/02 back to file and dispose of the matter in accordance with law. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 13073/08 3 WPC NO 13073/08 4