IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 LA.App..No. 2128 of 2008(B) ------------------------------- LAR.401/1997 of PRINCIPAL SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANT ---------------------- ALICE, W/O. ALOCIOUS, AGED 5O YEARS, ANJILAKKATTU HOUSDE, ELOOR SOUTH, ERNAKULAM DISTRICT. BY ADV. SRI.K.J.KURIACHAN RESPONDENT(S): RESPONDENTS --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA), GENERAL, ERNAKULAM. 2. THE FERTILISERS AND CHEMICAL TRAVANCORE LTD., UDYOGAMANDAL, REPRESENTED BY THE COMPANY SECRETARY. GOVERNMENT PLEADER FOR R1 SRI. BEENY VARGHESE. MENON & PAI SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = L.A.A. NO. 2128 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. J U D G M E N T This is an appeal preferred against the award of the Land Acquisition Court, North Paravur in LAR 401/97. An extent of 2.20 ares was acquired and compensation was fixed against which reference was made but unfortunately the claimant did not appear and did not resort to adduce any evidence to substantiate the claim. It is desirable that an opportunity is given to substantiate the contentions of the claimant. But I make it clear that the claimant will not be entitled to any interest from 29th February, 2000 till he filed a writ petition in 2006 and whether he is entitled to interest for the period thereafter is a matter that can be considered by the Land Acquisition Court on materials available and evidence adduced. If there is laches on the part of the claimant certainly interest should not be granted and the amount in the exchequer should not be given to a person who is responsible L.A.A. 2128 OF 2008 -2- for the delay. The award under challenge is therefore set aside and the matter is remitted back to the Subordinate Judge, North Paravur for fresh consideration. The parties are directed to appear before the Court on 16.3.2009. The LAA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-