Kerala High Court
K.L.Joseph vs State Of Kerala on 3 July, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 3RD DAY OF JULY 2024 / 12TH ASHADHA, 1946
RP NO. 21 OF 2023
AGAINST THE JUDGMENT DATED 28.07.2011 IN LA.App. NO.873
OF 2010 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT/CLAIMANT:
K.L.JOSEPH, AGED 80 YEARS, AGED 80 YEARS S/O
LATE K.C.LONAN,KUDARAPILLIL, PARADISE ROAD,
VYTTILA, CHOCHIN-682 019
BY ADVS.
T.R.S.KUMAR
DEENA JOSEPH
DEEPA R MENON
MITHUN C THOMAS
AKSHAY JOSEPH ADHIKARAM
SWARNA THOMAS
RESPONDENTS/APPELLANT/2ND RESPONDENT:
1 STATE OF KERALA, REP. SPECIAL TAHSILDAR (LA)
KOCHI CORPORATION, VYTTILA, COCHIN-682 019
2 THE SECRETARY
CORPORATION OF COCHIN, ERNAKULAM-682011.
T.K. SHAJAHAN SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
C.M.Appln. No.1 of 2023 and R.P. No.21 of 2023
..2..
A.MUHAMED MUSTAQUE & S.MANU, JJ.
--------------------------------------------------
C.M.Appln. No.1 of 2023
and
R.P. No.21 of 2023
--------------------------------------------------
Dated this the 3rd day of July, 2024
ORDER
A.Muhamed Mustaque, J.
This review petition is filed at the instance of the respondent
in the Land Acquisition Appeal filed by the State. The review
petition was preferred with a delay of about 3153 days. The
judgment in this matter rendered on 28.07.2011. The state appeal
was allowed by re-fixing the market value in the light of the
judgment in connected matter. Thereafter, a petition for setting
aside the ex-parte judgment of this Court was filed and the same
was dismissed on 29.8.2016. No proceedings were initiated to
review the judgment until 1.01.2022 when this review petition was
filed. The review petitioner has made an attempt to explain the
delay.
C.M.Appln. No.1 of 2023 and R.P. No.21 of 2023
..3..
The petitioner attempts to justify the delay with reference to
Annexure A8 medical certificate. The medical certificate only says
that the claimant was suffering from Cerebral Stroke from
1.11.2016. Nothing has been stated as to how the same prevented
him from approaching the Court within time. The dates mentioned
in the medical certificate are apparently to get over the delay from
2016 onwards. The review petitioner fails to answer the reasons for
not approaching the Court immediately after the dismissal of the
appeal in the year 2011. The application to set aside the ex-parte
judgment was filed only in the year 2015. We find no reason to
condone the delay and to entertain the review petition especially the
fact that the judgment itself was passed in the light of the judgment
in a connected appeal. The delay petition stand dismissed.
Consequently, the review petition also stands dismissed in limine.
Sd/-
A.MUHAMED MUSTAQUE,
JUDGE
Sd/-
S.MANU,
JUDGE
PR
C.M.Appln. No.1 of 2023 and R.P. No.21 of 2023
..4..
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE COMMON JUDGMENT IN
L.A.A.NO.1503/2008, 1505/2008 AND
1506/2008 DATED 06.08.2009.
Annexure A2 TRUE COPY OF THE COMMON JUDGMENT IN
L.A.A NOS. 1207, 1234, 1235, 1306 OF
2009 & LAA NO. 437 OF 2010 DATED
30.06.2011.
Annexure A3 TRUE COY OF THE I.A. NO.78/2016 IN
L.A. A. NO. 873/2010.
Annexure A4 TRUE COPY OF C.M. APPEAL NO.55/2016 IN
L.A.A.NO.873/2010.
Annexure A5 TRUE COPY OF ORDER DATED 29.08.2016 IN
I.A. NO. 78/2016 IN LA. APPEAL NO.
873/2010.
Annexure A6 TRUE COPY OF JUDGMENT DATED 10.06.2015
IN L.A.A. NO. 149/2015.
Annexure A7 TRUE COPY OF BASIC VALUATION REPORT
(BVR) DATED NIL.
