IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(C).No. 4183 of 2011(O) ------------------------- LAR.7/2010 of SUB COURT, PATHANAMTHITTA .................... PETITIONER -------------- RAJAN.S.M, AGED 45 YEARS, S/O. MATHEW, KARATHINKAL KUZHUYIL HOUSE, VETTIPURAM MURI, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, PATHANAMTHITTA - 689 645. 2. PATHANAMTHITTA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PATHANAMTHITTA - 689 645. BY GOVERNMENT PLEADER SRI.P.I.DAVIS THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011 ALNG WITH OP(C) NO.4204 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK OP(C).No. 4183 of 2011(O) ------------------------------- APPENDIX --------------- PETITIONER(S) EXHIBITS ----------------------------- EXHIBIT-P1-TRUE COPY OF THE JUDGMENT DATED 29/01/2011 IN L.A.R 7 OF 2010 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA EXHIBIT-P2-TRUE COPY OF THE ORDER DATED 05/07/2011 IN I.A 397 OF 2011 IN L.A.R. 7 OF 2010 OF THE SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA. RESPONDENTS' EXHIBITS : NIL -------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).Nos.4183 and 4204 of 2011 --------------------------------------- Dated this 20th day of December, 2011 JUDGMENT Learned Government Pleader takes notice for the first respondent. Second respondent appears through standing counsel. 2. These original petitions arise from the disposal of L.A.R.Nos.7 and 8 of 2010 of the Court of learned Sub Judge, Pathanamthitta. Both references were made under Sec.18 of the Land Acquisition Act. The same were answered against petitioners/claimants on 29.01.2011 since in spite of giving 8 chances petitioners did not file any claim statement or give evidence to show that amount awarded by the Land Acquisition Officer was insufficient. Learned Sub Judge concluded that the amount awarded by the Land Acquisition Officer is reasonable. Later, petitioners filed applications (I.A.No.397 of 2011 in L.A.R.Nos.7of 2010 and I.A.No.398 of 2011 in L.A.R.No.8 of 2010) to review Ext.P1, judgments dated 29.01.2011 in the respective cases. Those applications were dismissed for the reason that there is no ground made out for review. Judgments dated 29.01.2011 and the order on the above said applications O.P(C).Nos.4183 and 4204 of 2011 -: 2 :- are under challenge. 3. Learned counsel for petitioners states that petitioners were abroad and were not able to pursue the claim for enhanced compensation. Learned Government Pleader for the first respondent and counsel for the second respondent contend that reference is answered against petitioners and that there is no ground for review. 4. There is no reason to think that petitioners wilfully avoid filing claim statement and adducing evidence in support of their demand for enhanced compensation their land having being acquired by the first respondent for the purpose of second respondent. Having regard to these aspects I am giving opportunity to the petitioners to prosecute the claim. But on account of default of petitioners, no liability could be fastened on respondents to pay interest from 29.01.2011 till this day. These original petitions are disposed of as follows (i) Ext.P1, judgment and Ext.P2, order (in L.A.R.No.7 of 2010 and I.A.No.397 of 2011 and L.A.R.No.8 of 2010 and I.A.No.398 of 2011) are set aside. I.A.Nos.397 and 398 of 2011 will stand allowed. Judgment dated 29.01.2011 in the respective cases will stand reviewed and the cases re-opened. O.P(C).Nos.4183 and 4204 of 2011 -: 3 :- (ii) It is made clear that the above order is subject to the condition that petitioners shall not be entitled to claim or get interest on any amount in the respective cases in case enhanced compensation is awarded, for the period from 29.01.2011 till this day. (iii) Parties shall appear before learned Sub Judge on 23.01.2012. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-