IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29834 of 2008(B) -------------------------- LAR.293/2005 of ADL.SUB COURT, THALASSERY .................... PETITIONER: --------------------- MUNDAYATH SATHI, HARIDAS SADAN, P.O.NIRMALAGIRI, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KANNUR. 2. THE GENERAL MANAGER, 'KSIDC', TRIVANDRUM. BY GOVERNMENT PLEADER SRI.. R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008 ALONG WITH WPC.NO.29853 OF 2008 AND WPC.NO. 29896 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) Nos. 29834 OF 2008 & 29853 OF 2008 & 29896 OF 2008 ------------------------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T These writ petitions are filed against the judgment of the Additional Sub Court, Thalassery in L.A.R.Nos. 293/05, 292/05 and 163/05. All these Land Acquisition References were closed on the ground that the claimants were absent and there was no representation and so reference was answered negatively and closed. Such an approach by the Land Acquisition court is erroneous and it has been repeatedly held by this court and Apex Court that Land Acquisition Reference shall not be disposed of in such a fashion but must be disposed of after perusing the materials. So the judgment passed by the learned Sub Judge is incorrect. Recently a Division Bench of this Court has also taken the very same view. But there is some laches on the part of the claimant which can be explained by him at this stage of evidence. The Land Acquisition References were closed on 20.2.07 and the Writ Petition is filed only on 7.10.2008. Unless there is a proper W.P.(C) Nos. 29834/2008 & 29853/2008 & 29896 OF 2008 -2- reason forthcoming explaining such a delay, the Land Acquisition Court can decide the question whether the claimant will be entitled to get interest during the relevant period. So with that observation all the Writ Petitions are allowed. The Land Acquisition judgments passed are set aside and the Land Acquisition references are restored and the Sub Judge Thalassery is directed to dispose of the matter after giving sufficient opportunity to both the parties to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. Parties are directed to appear before the Land Acquisition Court on 21.11.2008. M.N. KRISHNAN, JUDGE vkm