IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36994 of 2009(T) -------------------------- PETITIONER(S): --------------- K.V. JOCKEY, AGED 55 YEARS, S/O. VISTHANDI, KUNNAMPARAMBIL, ANAVIRARTTI, IDUKKI. BY ADV. SRI.BABU KARUKAPADATH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), NH NO.III, VYTTILA, ERNAKULAM. GP V MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.36994 OF 2009 ............................................ DATED THIS THE 21st DAY OF DECEMBER, 2009 JUDGMENT Government Pleader takes notice. Heard. 2. The petitioner is the claimant in a Land Acquisition Reference. When the matter came up for trial before the court below, the petitioner applied through his counsel stating that he is unable to appear on that day owing to back pain. The court below, however dismissed that application and answered the reference negativing the claim for enhancement essentially in default. Applying the decision of this court in Shahida Beevi V. State of Kerala(2008(1) KLT 206), the court below was empowered to consider an application for enhancement. However, the court below took the view that the finding in Ext.P2 negativing the compensation disentitles the petitioner from applying for restoration. Obviously it does not. Ext.P2 is essentially a judgment on Wpc 36994/09 2 default. The dismissal of the application for adjournment also should not have stood in the way of the application for restoration being considered. Under such circumstances, I am satisfied that the petitioner has demonstrated sufficient cause for granting the restoration. Hence the impugned Ext.P2 to P4 are quashed and it is ordered that LAR 92 of 2007 will stand restored to the files of court below and the said matter will be disposed of afresh, in accordance with law. However that the period from 10.11.2008 to 31.12.2009 will stand excluded for the purpose of awarding interest on enhanced compensation that may be granted by the court below. This judgment will stand appended to the award that the court below may pass following this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/12