IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 OP.No. 22438 of 2001(U) --------------------------------- PETITIONER: ------------------- ACHIPRA VALAPPIL KUNCHI MAMU, S/O. MOHAMMED, EZHUVATHURUTHI, P.O. PONNANI, MALAPPURAM DISTRICT BY ADV. SRI.K.RAMACHANDRAN SMT.HEMA RAVINDRAN RESPONDENTS: ----------------------- 1. THE SPECIAL TAHSILDAR, LAND ACQUISITION (GENERAL), THIRUR-1, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.S.DILEEP THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.22438 of 2001-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008. JUDGMENT The order under challenge, viz. Ext.P1 is one passed in I.A. No.918/1993 in LAR No.140/1989 of the Sub Court, Tirur. As per the above order, the reference court reviewed the judgment and consequential orders were passed. Based on the said order, as per Ext.P2, the petitioner was directed to refund a sum of Rs.1,38,363.83, failing which revenue recovery action was also proposed. Ext.P2 is under challenge in this original petition. 2. Challenging Ext.P1 order, the petitioner had filed C.M.A.No.238/1995 before this court. C.R.P.No.2369/1994 was filed against the order in I.A. No.920/1993 by which the delay in filing the review petition was condoned. Both the above cases were heard together and disposed of by judgment dated 27.9.1991. As per the above judgment, the order passed in I.A. No.918/1993 was set aside and C.R.P. No. was also allowed. The operative portion of the said judgment is extracted below: “Thus, viewed from any angle, I am of the view that the reference court has committed an error in entertaining the petition for review as well as passing the order impugned. Therefore, the order passed in -2- I.A. No.918 of 1993 is set aside. Consequently, the original judgment passed by the Reference Court stands and C.M.A. Is allowed. On going through the records and circumstances discussed above, I do not find sufficient cause to condone the delay and hence the C.R.P. has to be allowed. It is accordingly allowed.” Since Ext.P1 has been set aside, Ext.P2 has no legs to stand as it is only a consequential one. Hence, Ext.P2 is hereby quashed. Therefore, the original petition is allowed. No costs. (T.R. Ramachandran Nair, Judge.) kav/ -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.22438 of 2001-U - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 19th March, 2008.