IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 11084 of 2010(I) -------------------------- PETITIONER(S): --------------- DR.REMANI.E.PAUL,W/O.MAJ.PAUL SAMUEL (RETD.),AGED 71 YEARS,MUNDAPALLIL HOUSE, KAVUMBHAGAM,NO RESIDING AT ASHIRWARD SHALOM, 5 WOOD COTE ROAD,COONOOR-643102,NILGIRIS. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM, 2. THE CHIEF EXECUTIVE OFFICER, INFO PARK, KUSUMAGIRI, KAKKANAD. BY GOVERNMENT PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).11084/2010 -------------------- Dated this the 30th day of March, 2010 JUDGMENT Petitioner is the claimant in LAR.59/2008 before the Sub Court, Ernakulam. When the case was posted on 15.1.2009, on account of the illness of the claimant's husband, claimant could not appear and though an application was made through her counsel, that was rejected and the reference was dismissed. An application for restoration was filed. That was allowed on payment of cost. However, payment was not made in time and therefore that application was also rejected. Thereupon, Ext.P4 was filed for restoration that was also rejected by Ext.P5. It is in these circumstances, challenging Exts.P3 and P5 the writ petition is filed. 2. From the affidavits filed in support of the application, I am satisfied that the claimant's absent and default in payment in time were reasons beyond her control and that ends of justice deserve that the claimant should be allowed to contest the matter on merits. W.P.(C).11084/10 2 3. Accordingly, I dispose of this writ petition quashing Exts.P3 and P5 and direct the Sub Court to take back the proceedings in LAR.59/2008 and dispose of the same, in accordance with law. However, it is made clear that in the circumstances of the case, if compensation is ultimately enhanced, claimant will not be eligible for interest for the period from 15.1.2009 when the LAR was initially dismissed, till today. It is directed that this direction will be made part of the decree for enhancement, if ultimately passed. ANTONY DOMINIC, Judge mrcs