High Court of KeralaWP(C)/2608/2015disposed of

Saraswathi Amma v. State Of Kerala

2015-03-03Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 WP(C).No. 2608 of 2015 (A) ------------------------------------- PETITIONER:

-------------------------- SARASWATHI AMMA R/AT TC NO/36/1259 (OLD), 73/1906(NEW), SNRWA - 33 SUBASH NAGAR, VALLAKKADAVU P.O., TRIVANDRUM - 695 008. BY ADVS.SRI.A.AHZAR SRI.KABEER.S RESPONDENTS:

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE GOVT.SECRETARIAT, THIRUVANANTHAPURAM - 1.

2. DISTRICT COLLECTOR COLLECTORATE, THIRUVANANTHAPURAM - 695 001

3. DEPUTY COLLECTOR (L.A), COLLECTORATE, THIRUVANANTHAPURAM - 695 001.

BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2608 of 2015 (A) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE NOTICE UNDER SECTION 9(3) OF THE LAND ACQUISITION ACT.

EXT.P-2: TRUE COPY OF THE NOTICE DATED 25.10.2007 EXT.P-3: TRUE COPY OF THE AWARD NOTICE DATED 25.10.2007 EXT.P-4: TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT BY THE OFFICE OF 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 2608 OF 2015 ---------------------------------------- Dated this the 03rd day of March, 2015

JUDGMENT

The writ petition has been filed seeking a reference under Section 18 of the Land Acquisition Act, 1894. The third respondent has filed a statement reflecting the details of reference. It is reported that L.A.R. No. 667/2008 was referred to the Court of the Subordinate Judge of Thiruvananthapuram on 17.10.2008.

It appears that L.A.R. No. 667/2008 was dismissed for non-representation on 06.09.2010. It is trite law that such applications have to be dealt with on merits only. Reference applications cannot be dismissed for default as has been done in the instant case. I therefore permit the petitioner to move the same court for reopening L.A.R. No. 667/2008. 3.

The Court of the Subordinate Judge of Thiruvananthapuram shall endeavour to dispose of L.A.R.

W.P.(C). NO. 2608 OF 2015 2 No. 667/2008 on merits. The needful shall be done within a period of three months from the date of motion made by the petitioner.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE