IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 LA.App..No. 30 of 2010() ------------------------ LAR.120/2003 of ADDL.SUB COURT,PARAVUR .................... APPELLANT(S): CLAIMANTS ----------------------- 1. PAUL LOUIS,AGED 49 YEARS, S/O.PAILY LOUIS,PUTHENVEETTIL(PUTHIYAVEETTIL)HOUSE MUNAMBAM,PALLIPORT.P.O,KUZHUPPILLY VILLAGE, KOCHI TALUK,ERNAKULAM DISTRICT. 2. MARGEY JOSEPH,AGD 61 YEARS, D/O.PAILY LOUIS,PUTHENVEETTIL(PUTHIYAVEETTIL) HOUSE,MUNAMBHAM,PALLIPORT.P.O,KUZHUPPILLY VILLAGE, KOCHI TALUK,ERNAKULAM DISTRICT. 3. JOSEPH,AGED 59 YEARS,S/O.PAILY LOUIS, PUTHENVEETTIL(PUTHIYAVEETTIL)HOUSE,MUNAMBAM HOUSE, PALLIPORT.PO,KUZHUPPILLY VILLAGE,KOCHI TALUK, ERNAKULAM DISTRICT. 4. LOOSSY TOMY,AGED 49 YEARS, D/O.PAILY LOUIS,PUTHENVEETIL(PUTHIYAVEETTIL) HOUSE,MUNAMBAM,PALLIPORT.PO,KUZHUPPILLY VILLAGE, KOCHI TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA-REPRESENTED BY THE DISTRICT COLLECTOR,CIVIL STATION BUILDING, KAKKANAD,KOCHI-30. BY GOVT.PLEADER SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 30 OF 2010 ------------------------ Dated this the 5 th day of February, 2010 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. Their grievance is that the Land Acquisition Reference Court did not adjudicate and answer the reference sent by the Land Acquisition Officer at their instance for determining the correct compensation payable for the acquired property. From the impugned judgment, we notice that the court below answered the reference in the negative on the reason that neither the claimants nor their advocate was present. In fact, the present appeal is filed by them not on time. We had occasion to consider the application filed by the appellants for condonation of the inordinate delay, which had been caused while instituting the appeal. We are sure that there was some negligence on the part of the appellants in the matter of prosecuting the claim before the lower court. Even though we are inclined to afford opportunity to the appellants to have an adjudication of the reference case on merits, we are inclined to WPC.No.30/2010 2 do so only on imposing conditions. 2. Accordingly, we set aside the judgment and decree under appeal and remand LAR No.120/2003 to the Additional Sub Court, North Parur directing that court to permit both sides to adduce evidence and to take decision on merits of the LAR case on the basis of the evidence which comes on record subject to the following conditions; i). The conditions imposed by us for condoning the delay caused in the matter of filing the appeal will continue to operate. ii). The appellants pay a sum of Rs.2000/- to the High Court Legal Services Committee within ten days from today and produce receipt before the court below. 3. If the condition regarding the payment of cost to the High Court Legal Services Committee is not complied with, the impugned judgment will stand confirmed. The parties are directed to enter appearance before the court below on 5/3/2010. Since it is seen that the appellants have remitted only one third of the court fee payable on the appeal memorandum, in view of WPC.No.30/2010 3 the finding that there was negligence on the part of the appellants, the above one third amount will not be refunded to the appellants. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk