IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 8660 of 2008(E) ------------------------- LAR.71/2001 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------ SARASWATHY KAMALASANAN VAZHAPARAMBIL VEEDU, KIZHAKKEKKARA VADAKKUM MURI THRIKKUNNAPUZHA VILLAGE. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE GOVT. PLEADER, HIGH COURT OF KERALA. 2. INLAND WATER AUTHORITY, KOCHI. BY GOVT. PLEADER SMT. R.BINDU ADV. SRI.V.SANTHARAM, SC, IWAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8660 OF 2008 --------------------- Dated this the 24th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to set aside Exts.P1, P3 and P6 orders. 2. Heard the learned counsel for the petitioner, learned Government Pleader and the learned Standing counsel. This matter relates to a land acquisition reference whereby LAR 71/01 was closed on account of the absence of claimant. Subsequently an application was filed for restoration and that also was dismissed. It is a settled principle that land acquisition matters has to be considered by the court on the basis of the materials available before it and the court cannot close or dismiss the applications. It is true that there has been negligence on the part of the claimant. But that shall not be a ground to deprive an opportunity to the claimant. 3. Therefore, I set aside the orders passed by the land acquisition court and direct to restore LAR 71/00 back to file. The court below is directed to dispose it of after giving equal opportunities to all concerned for contesting the matter. But I may like to point out WPC NO 8660/08 2 that if the court feels that there has been gross negligence on the part of the claimant, the court can consider the question of awarding of interest, so far as it relates to the period of dismissal and restoration. The writ petition is disposed of accordingly. Parties are directed to appear before the court below on 22.5.08. M.N.KRISHNAN, JUDGE vps WPC NO 8660/08 3 WPC NO 8660/08 4