IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 FAO.No. 34 of 2006() -------------------- AGAINST THE ORDER DATED 23/09/2003 IN IA 3391 / 2003 IN LAR.110/1997 of ADL.SUB COURT, THALASSERY .................... APPELLANTS/PETITIONERS/CLAIMANTS: -------------- 1. KINATHI GOVINDAN (DIED) S/O. CHATHU, PRAJITHALAYAM, PATTAYAM AMSOM, MUTHIYANGA DESOM, THALASSERY TALUK. 2. MADHAVI KORATHAN, PRAJITHALAYAM, P.O. MOORIYAD, VALIYAVELICHAM, KUTHUPARAMBU-43. 3. PADMANABHAN KORATHAN, DO. DO. 4. PAVITHRAN KORATHAN, DO. DO. 5. PANKAJAKSHAN KORATHAN, DO. DO. 6. PANKAJAKSHAN KORATHAN, DO. DO. 7. PUSHPAVALLY KORATHAN, DO. DO. 8. PUSHKARAN KORATHAN, DO. DO. 9. ARAVINDAKSHAN KORATHAN, DO. DO. 10. PRASEETHA KORATHAN, DO. DO. 11. PRADEEPAN KORATHAN, DO. DO. 12. PRAJITHA KORATHAN, DO. DO. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD FAO.34/2006 : 2 : RESPONDENT(S): --------------- THE SPECIAL TAHSILDAR (L.A), THALASSERY. BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYAN. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- F.A.O.No.34 of 2006 ------------------------------- Dated this the 10th June, 2009 J U D G M E N T Raman, J. This is an appeal against the order dismissing I.A.No.3391/2003 in L.A.R.No.110/97. That was an application for restoration of LAR.No.110/1997, which was dismissed for default. 2. It is now settled that land acquisition reference cannot be dismissed for default rather the award should be passed based on the evidence available on record. The remedy, if it is dismissed for default, is either to file an application under Section 151 of Code of Civil Procedure or to file an application under Order IX Rule 9 of Code of Civil Procedure or to file an appeal against the decree. (See Rajamony v. Collector, Raipur 1996 (5) SCC 701) FAO.No.34 of 2006. 2 3. In the result, the impugned order is set aside. L.A.R.No.110/1997 shall be taken on file by the Subordinate Judges' Court, Thalassery, and dispose of the same, in accordance with law, after hearing the parties. 4. The parties shall appear before the court below on 3.8.2009. However, we noticed that the appeal was entertained after condoning a delay of 646 days. A party who has approached this Court with an inordinate delay cannot be taken advantage of his laches and claim interest against the suit. Accordingly, in case, Land Acquisition Court gives any enhancement of the compensation and at the time of awarding any interest thereon, interest for the period of 646 days shall be excluded. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.