Kalu Janaki (Deceased) vs The State Of Kerala
2023 Latest Caselaw 5285 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
 MONDAY, THE 24TH DAY OF APRIL 2023 / 4TH VAISAKHA, 1945
                   LA.APP. NO. 219 OF 2004
 AGAINST THE JUDGMENT AND DECREE DATED 31.07.2002 IN LAR
 58/1995 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
APPELLANTS/CLAIMANTS:

    1      KALU JANAKI, AGED 70 YEARS, W/O. LATE KESAVAN,
           RESIDING AT T.C.11/2216, AMATHARAVAYAL,
           NANTHENCODE, THIRUVANANTHAPURAM. (DECEASED,
           LEGAL HEIRS RECORDED)

    2      K.BALAKRISHNAN -DO-.(DECEASED, LEGAL HEIRS
           RECORDED)

    3      K.SURENDRAN -DO-.

    4      K.PREMALATHA CORRECTED AS PREMAN AS PER
           ORDER DATED 28.6.98) -DO-. (DECEASED, LEGAL
           HEIRS RECORDED)

    5      K.USHAKUMARI -DO-.

    6      K.JAYAKUMARI -DO-.

    7      K.UNNI -DO-.

    8      K.REGHU -DO-.
           (THE APPELLANTS 2 TO 8 ARE RECORDED AS LEGAL
           HEIRS OF DECEASED 1ST APPELLANT VIDE ORDER
           DATED 11.10.18 IN MEMO DATED 13.3.18.)

 ADDL.A9 OMANA
         W/O.K.BALAKRISHNAN, AMATHARAVAYAL, NANTHANCODE,
         THIRUVANANTHAPURAM, NOW RESIDING AT T.C.11/153-
         5, SREE POOJA SADANAM, KANAKA NAGAR,
         NANATHANCODE, THIRUVANANTHAPURAM.

           (LEGAL HEIR OF DECEASED SECOND APPELLANT IS
           IMPLEADED AS ADDL.A9 AS PER ORDER DATED
           13.06.2018 IN IA 237/18.)
 LA.APP. NO. 219 OF 2004

                                ..2..


ADDL.A10 LEELA, AGED 55 YEARS, W/O PREMAN, RESIDING AT TC
         11/153-5, SREE POOJA SADANAM, KANAKA NAGAR,
         NANTHANCODE, THIRUVANANTHAPURAM FROM TC 11/2216,
         AMATHARAVAYAL, NANTHANCODE, PIN 695033.

ADDL.A11 VIMAL KUMAR, AGED 38 YEARS, S/O PREMAN, RESIDING
         AT TC 11/153-5, SREE POOJA SADANAM, KANAKA
         NAGAR, NANTHANCODE, THIRUVANANTHAPURAM FROM TC
         11/2216, AMATHARAVAYAL, NANTHANCODE PIN 695033.

ADDL.A12 VIBIN KUMAR, AGED 36 YEARS, S/O PREMAN, RESIDING
         AT TC 11/153-5, SREE POOJA SADANAM. KANAKA
         NAGAR, NANTHANCODE, THIRUVANANTHAPURAM FROM TC
         11/2216, AMATHARAVAYAL, NANTHANCODE PIN 695033.

            (LEGAL HEIRS OF THE DECEASED 4TH APPELLANT ARE
            IMPLEADED AS ADDITIONAL APPELLANTS 10 TO 12 VIDE
            ORDER DATED 7.11.2019 IN I.A NO.4/2019)

            BY ADV SRI.R.S.KALKURA



RESPONDENTS/RESPONDENTS:

            THE STATE OF KERALA
            REP. BY THE SPECIAL TAHSILDAR, L.A. UNIT,,
            THIRUVANANTHAPURAM.

            BY ADVS.
            ADVOCATE GENERAL
            GOVERNMENT PLEADER

            ADV. SRI.SUNIL KUMAR KURIAKOSE GP


     THIS    LAND   ACQUISITION    APPEAL   HAVING    COME   UP   FOR
ADMISSION    ON   24.04.2023,     THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 LA.APP. NO. 219 OF 2004

                                 ..3..




                     J U D G M E N T

This appeal has been preferred by the

claimants in LAR No.58 of 1995. Initially, the

reference court closed the proceedings for want

of evidence. Thereafter, it was restored.

Since, no evidence was adduced, reference has

been dismissed. The procedure adopted by the

reference court, according to me, is improper and

legally unsustainable. The reference court is

bound to answer the reference to uphold either

the claim of the land acquisition officer or the

claimant. It cannot dismiss a reference. On the

limited ground as above, I am of the view that

the matter has to be remanded back for fresh

consideration. I note that the reference court

judgment was passed as early as on 31.07.2002.

2. The learned Government Pleader submits

that this appeal was preferred as indigent and LA.APP. NO. 219 OF 2004

..4..

one of the appellant is having sufficient income

to pay the court fee. Taking note of the fact

that the matter is being remanded and that

eventuality, even if the court fee is paid, the

appellant would be entitled for refund of the

entire court fee, I am of the view that the CMCP

filed can be allowed. Accordingly, I pass the

following order:

i) The impugned judgment is set aside and

the matter is remanded back to the reference

court for fresh consideration.

ii) The parties are directed to appear

before the reference court on 26.06.2023. The

reference court, thereafter, shall dispose the

matter within a further period of six months,

after giving an opportunity to both parties to

adduce evidence.

iii) In view of the long delay involved,

which can result additional liability to the LA.APP. NO. 219 OF 2004

..5..

Government, therefore, in the event, compensation

is being enhanced, the appellant will not be

entitled for any interest, if any, on the

enhanced compensation, from 17.07.2000 till the

disposal the matter by the reference court.

iv) Since no court fee has been paid, there

is no order to refund the court fee.

Sd/-

A.MUHAMED MUSTAQUE JUDGE PR