IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CM.APPL.NO.1/2022 IN LA.APP. NO. 269 OF 2022
LAR 150/2013 OF THE PRINCIPAL SUB COURT, KOLLAM
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PETITIONER/APPELLANT:
LALITHAMMA,W/O.BHANU VIKRAMAN NAIR,AGED 81 YEARS, PUTHEN VEEDU,
NADUVILA MURI, SOORANADU NORTH, NOW RESIDING AT ASWATHY BHAVANAM,
NADUVILA MURI, ANAYADI, SOORANADU NORTH, KOLLAM - 690 561.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
STATION, KOLLAM - 691 013.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 1077 days in filing the above appeal, in the interests of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.P.PRATHEESH & ANJANA KANNATH, Advocates for the petitioner and of
GOVERNMENT PLEADER for the respondent, the court passed the following:
P.T.O.
SATHISH NINAN, J.
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L.A. Appeal No.269 of 2022
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Dated this the 29th day of June, 2022
O R D E R
C.M.Appl.No.1 of 2022 The delay of 1077 days in filing the appeal is sought to be condoned.
2. The Land Acquisition Reference Court passed judgment and decree on 22/03/2017. However, the certified copy of the award was applied for only on 29/07/2021. The appellant is aged 81 years. Due to age old diseases, she was not able to contact the counsel on time. After certified copy of the award is received, the Covid-19 pandemic ensued and hence the appellant could not have the appeal filed immediately. The Apex Court has granted exemption on the period of limitation for the period from 15/03/2020 to L.A.Appeal No.269 of 2022 :2: 28/02/2022 as per the order in Suo Motu Writ Petition (Civil) No.3 of 2020.
In the light thereof, I am of the opinion that the delay in filing the appeal can be condoned. The delay is accordingly condoned. However, considering the extent of delay involved, it is directed that the appellant shall not be entitled for interest on the amount, if any, that may be enhanced by this Court in this appeal, for the period covered by the delay.
Sd/-
SATHISH NINAN JUDGE rsr 29-06-2022 /True Copy/ Assistant Registrar