Lalithamma vs State Of Kerala
2022 Latest Caselaw 7923 Ker

         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

                                   ---

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

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