IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36193 of 2008(H) -------------------------- PETITIONER: --------------- THEKKEMDATHIL VALAPPIL FATHIMABI, D/O.P.T.ABDUL RAHIMAN HAJI, AGED 35 YEARS, P.T.P.HOUSE, KEECHERI P.O., PAPPINISSERI, KANNUR DISTRICT, NOW RESIDING AT FAHINIAS, PARAKKADAVU P.O. ANCHAMPEEDIKA, KANNUR DISTRICT, BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1.THE SPECIAL TAHSILDAR (LA), N.H., KANNUR. 2.THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM. R1 BY SR. GOVT. PLEADER MR.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.36193 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 10th December, 2008 JUDGMENT Even though several appealing grounds have been raised in this Writ Petition, I am not inclined to consider any of them. Ext.P3 judgment has been passed against the petitioner ex parte. The petitioner has to move the learned Subordinate Judge himself for getting that order set aside or reviewed by filing proper application. Of course, learned counsel for the petitioner submits that some delay has cropped up in the matter. But it is always open to the petitioner to file application before the learned Subordinate Judge seeking condonation of the delay. While considering the application to be submitted by the petitioner, the learned Subordinate Judge will have due regard to the situation that in other land acquisition cases pertaining to the properties covered by very same Section 4(1) notification, enhancement has been granted to the land owners. Considering the inordinate delay involved, there will be a direction to the court below that even if that court becomes inclined to allow the applications to be submitted by the petitioner, the Government should not be made liable for payment of statutory interest from the date of Ext.P3 till the date of filing of the applications. W.P.C.No.36193/08 - 2 - With the above observations/directions, the Writ Petition will stand dismissed without examining the various grounds raised. srd PIUS C.KURIAKOSE, JUDGE