IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 LA.App..No. 528 of 2011() ------------------------- LAR.213/1998 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. MARIYAMMA THOMAS, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. 2. KOSHY VAIDHYAN, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. 3. PONNAMMA VARGHESE, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. 4. LEELAMMA RAJAN, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. 5. SARAMMA VARGHESE, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. 6. JESSY RAJU, KOTTORTHARA KIZHAKKEPUTHEN VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): /RESPONDENT --------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-691 001. GOVERNMENT PLEADER C.R.SHYAM KUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ L.A.A.No.528 OF 2011 ------------------------ Dated this the 18th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The claimants are the appellants. Sri.K.Sasikumar learned counsel for the appellants would fervently appeal for a remand order to the Reference Court. He submitted that merits of the claim were not adjudicated by the Reference Court and the Reference Court dismissed the Reference for default. 2. The learned senior Government Pleader Sri.C.R.Shyam Kumar submits that it is not correct to say that the Reference Court dismissed the LAR case for default. When it was noticed that the claimants including the legal representatives of the deceased original claimant were not adducing any evidence what the learned Reference Court did was to confirm the award of the Reference Court. The Reference Court cannot be blamed for what was done. 3. Having considered the rival submissions, we are of the view that there was considerable laches on the part of the LAA.No.528/2011 2 appellants in prosecuting the Reference. As the merits of the claims were not considered by the Reference Court, the appellants can be given one more opportunity imposing proper conditions which will safeguard the interest of the Government. 4. Accordingly, we set aside the judgment and decree under appeal and remand L.A.R. No.213/1998 to the Additional Sub Court, Kollam for fresh decision after giving opportunity to both sides to adduce evidence. This will be subject to the following conditions; i). The appellants will pay a sum of Rs.5000/- as costs to the Government through the office of the Advocate General within three weeks from today and produce receipt before the Reference Court. ii). In case under the revised order to be passed by the Reference Court, the appellants become eligible for enhanced compensation over what was awarded by the LAO, such enhanced compensation will not carry interest under Section 28 of the Act during the period from 23/9/2005 till 18/11/2011. The appellant will forfeit one third of the court fee that he has remitted on the appeal memorandum. The appellants will LAA.No.528/2011 3 enter appearance before the Reference Court on 9/12/2011. The Reference Court will expedite the matter and pass revised award on or before 31/3/2012. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk