IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11208 of 2008(H) -------------------------- LAR.1/2003 of SUB COURT, CHERTHALA .................... PETITIONER: -------------------- THOMAS CHACKO,AGED 62 YEARS,S/O.CHACKO. THEVARVATTOM,THYCATTUSSERY,CHERTHALA. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: ------------------------- 1. KERALA STATE REP.BY SPECIAL TAHSILDAR (L.A),GENERAL,ALAPPUZHA. 2. THE DISTRICT OFFICER,NO.III,OECF PROJECT,KERALA WATER AUTHORITY,VELLAYAMBALAM, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT.R. BINDU R2 BY ADV. SRI.BABU VARGHESE, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C) No.11208 OF 2008 ===================== Dated this the 2nd day of April 2008 JUDGMENT This writ petition is preferred against the order in I.A.No.1062 of 2004 in LAR No.1 of 2003. The sequence of evidence would reveal that when the matter was posted for evidence a prayer was made for adjournment, which was refused and the learned Sub Judge held that the amount granted by the Land Acquisition Officer is just and proper. Thereafter an application for review has been filed for which there was some delay and that has also resulted in dismissal. It is submitted that on account of the ailment, the claimant has not prosecuted the matter properly. The Apex Court as well as this Court has held that an application for compensation under the Land Acquisition Act has to be considered on merits irrespective of the presence or absence of the claimants. Mechanical application of mind is not sufficient. Recently, this Court has also held that the party can resort to by filing an application under Order IX also. When an application is filed for review of the judgment and it is revealed from the judgment that there is no application of mind then there WP(C) 11208/2008 -:2:- is no much difficulty to hold that it is an error apparent on the face of the record. Therefore, I allow the review application and set aside the award passed by the Land Acquisition Court and direct the court to give fresh opportunity to all concerned for contesting the case on merits. I also direct the court below to find out that if there is real negligence on the part of the claimant, not to award him interest during the period of disposal of the matter till today, the date of restoration. The parties are directed to appear before the court below on 24.5.2008. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-