T.S. Valsan vs The Special Tahsildar (La) ...
2021 Latest Caselaw 2478 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                     OP(C).No.1651 OF 2020

  AGAINST THE ORDER DATED 29.05.2020 IN I.A.NO.3291/18 IN LAR
          39/2009 OF II ADDITIONAL SUB COURT,THRISSUR

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


ORIGINAL PETITIONERS/PETITIONERS/CLAIMANTS A & B:

      1      T.S. VALSAN
             AGED 58 YEARS
             S/O.LATE T.V.SIDHARTHAN, HOUSE NO.3/850, THERAMBIL
             HOUSE, P.K.PANICKER ROAD, CALICUT-673 011, KACHERI
             AMSOM, KURUMBRAKATTASSERI DESOM OF KOZHIKODE TALUK,
             KOZHIKODE DISTRICT

      2      MRS. E.N.SHYLA
             AGED 56 YEARS
             W/O.LATE DR.T.S.VIJAYAN, HOUSE NO.3/850, THERAMBIL
             HOUSE, P.K.PANICKER ROAD, CALICUT-673 011, KACHERI
             AMSOM, KURUMBRAKATTASSERI DESOM OF KOZHIKODE TALUK,
             KOZHIKODE DISTRICT

             BY ADVS.
             SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
             SRI.A.R.DILEEP
             SRI.P.J.JOE PAUL
             SRI.MANU SRINATH
             SRI.RAJAN G. GEORGE

RESPONDENTS/RESPONDENTS/C & D CLAIMANTS:

      1      THE SPECIAL TAHSILDAR (LA) GENERAL
             OFFICE OF THE SPECIAL TAHSILDHAR, (LA),
             THRISSUR -680 020

      2      THE DISTRICT COLLECTOR
             CIVIL STATION, AYYANTHOLE,
             THRISSUR -680 003

             BY GOVERNMENT PLEADER SRI.C.K.PRASAD

        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
   21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
   FOLLOWING:
                    Sathish Ninan, J.
            ==============================
                O.P(C) No.1651 of 2020
              ==========================
        Dated this the 21st day of January, 2021

                                  JUDGMENT

Reference under Section 31(2) of the Land

Acquisition Act, 1894 was closed for absence of

representation and statement. The petitioners who are

claimants 'A' and 'B' in the reference moved an

application seeking restoration and reopening of the

reference. As per order dated 29.05.2020 the

application was dismissed. It is challenging the said

order, this original petition is filed.

2. As per Ext P3 Award the claimants 'A' and 'B'

are shown as the owners of the property. The amount is

lying in deposit. The second claimant is the wife of

the first claimant's brother, who is no more. 'A'

claimant is stated to have suffered a paralytic stroke

and was unable to move about till October, 2018 and

hence could not prosecute the Land Acquisition

Reference; while, the 'B' claimant was not in the know

of the proceedings.

3. I am of the opinion that the reference could be re-opened and the petitioners afforded an opportunity

to adduce evidence and produce relevant material to

enable the reference answered on merits.

4. In the result, the order dated 29.05.2020 in

I.A No.3291 of 2018 is set aside and the application

will stand allowed. The Land Acquisition Reference

No.39 of 2009 will stand restored and re-opened.

Parties to appear before the Second Additional Sub

Court, Thrissur on 18.02.2021.

Sd/- Sathish Ninan, Judge

vdv O.P(C) No.1651 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF REPRESENTATION DATED 26.2.20O8 SUBMITTED BY THE PETITIONERS AND OTHERS TO THE CHIEF SECRETARY

EXHIBIT P2 A TRUE COY OF LETTER NO.E1-

2008/11855/8 DATED 11.7.2008 ISSUED ON BEHALF OF THE 1ST RESPONDENT

EXHIBIT P3 A TRUE COPY OF AWARD NO.5/2009 DATED 31.3.2009

EXHIBIT P4 A TRUE COPY OF REFERENCE NO.LAC NO.24/09 DATED 15.6.2009 SENT BY THE 1ST RESPONDENT TO THE SUB COURT

EXHIBIT P5 A TRUE COPY OF PROCEEDINGS IN LAR

EXHIBIT P6 A TRUE COPY OF JUDGMENT DATED 7.10.2019 IN LAR 39/09 OF THE 2ND ADDITIONAL SUB JUDGE, THRISSUR

EXHIBIT P7 A TRUE COPY OF I.A.NO.3290/18 IN LAR NO.39/09 ON THE FILE OF 2ND ADDITIONAL SUB COURT, THRISSUR FILED BY THE PETITIONERS SEEKING TO REOPEN THE REFERENCE

EXHIBIT P8 A TRUE COPY OF I.A NO.3291/18 IN LAR NO.39/09 ON THE FILE OF 2ND ADDITIONAL SUB COURT, THRISSUR FILED BY THE PETITIONERS SEEKING TO CONDONE THE DELAY

EXHIBIT P9 A TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS

EXHIBIT P10 A TRUE COPY OF AFFIDAVIT FILED BY THE 1ST PETITIONER

EXHIBIT P11 A TRUE COPY OF ORDER DATED 29.5.2020 IN I.A. NO.3291/18 IN LAR NO. 39/09 OF THE 2ND ADDITIONAL SUB JUDGE, THRISSUR