[Cites 1, Cited by 0]
Kerala High Court
The Government Of Kerala vs *Prakkodan Ibrahim on 31 January, 2026
2026:KER:8324
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
LA.APP. NO. 162 OF 2020
AGAINST THE JUDGMENT AND DECREE DATED 31.10.2012 IN LAR
NO.143 OF 2010 OF THE ADDITIONAL SUB COURT, THALASSERRY
APPELLANTS/RESPONDENTS IN L.A.R:
1 THE GOVERNMENT OF KERALA,
REPRESENTED BY DISTRICT COLLECTOR,
KANNUR - 670002.
2 THE EXECUTIVE ENGINEER,
KWA, MATTANNUR - 670702,
3 THE SPECIAL TAHSILDAR LA(NH)
THALASSERY - 670101.
BY ADV T.JAYAN,GP
RESPONDENTS/CLAIMANT IN L.A.R:
1 PARAKKODAN IBRAHIM (DIED AND LEGAL HEIRS IMPLEADED)
S/O. LATE MOOSA, PILAKANDY HOUSE P O,
P.R NAGAR, VELIYAMBRA, MATTANNUR- 670702.
ADDL.R2 KADAN NABEESU,
AGED 67 YEARS,
W/O. LATE PARAKKODAN IBRAHIM,
SHAMEER MANZIL, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702.
ADDL.R3 K. NASEEMA
AGED 42 YEARS,
D/O. LATE PARAKKODAN IBRAHIM,
SHAMEER MANZIL, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702.
C.M.Appl.No.1 of 2020 2026:KER:8324
in LA.APP. NO. 162 OF 2020
& LA.APP. NO. 162 OF 2020
2
ADDL.R4 SHAMEER K
AGED 40 YEARS,
S/O. LATE PARAKKODAN IBRAHIM,
SHAMEER MANZIL, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702.
ADDL.R5 NASSAR K
AGED 39 YEARS,
S/O. LATE PARAKKODAN IBRAHIM,
SHAMEER MANZIL, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702.
ADDL.R6 AYYOOB K
AGED 38 YEARS,
S/O. LATE PARAKKODAN IBRAHIM,
SHAMEER MANZIL, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702.
ADDL.R7 K.M.SAFIYA
AGED 40 YEARS,
W/O. LATE PARAKKODAN IBRAHIM,
THUNNAMKODE HOUSE, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702
ADDL.R8 FATHIMA SHAHINA
AGED 20 YEARS,
D/O. LATE PARAKKODAN IBRAHIM,
THUNNAMKODE HOUSE, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702
ADDL.R9 SHABANA K.M
AGED 18 YEARS,
D/O. LATE PARAKKODAN IBRAHIM,
THUNNAMKODE HOUSE, MATTANNUR P.O,
ELANNUR, CHAVARASSERY, THALASSERRY,
KANNUR DISTRICT, PIN - 670702
(ADDITIONAL RESPONDENTS 2 TO 9 ARE IMPLEADED AS
PER ORDER DATED 31.01.2026 IN I.A. NO.1 OF 2021)
C.M.Appl.No.1 of 2020 2026:KER:8324
in LA.APP. NO. 162 OF 2020
& LA.APP. NO. 162 OF 2020
3
BY ADV SRI.SERGI JOSEPH THOMAS
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR
ADMISSION ON 31.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
C.M.Appl.No.1 of 2020 2026:KER:8324
in LA.APP. NO. 162 OF 2020
& LA.APP. NO. 162 OF 2020
4
JUDGMENT
The appellants have filed C.M.Application No.1 of 2020
under Section 5 of the Limitation Act to condone the delay of 2735
days in filing the land acquisition appeal. Reasons for the time
taken have been stated in paragraph no.3 of the accompanying
affidavit. The said paragraph is extracted below:-
"It is submitted that the judgment was
passed on 31.10.2012. Due to an
inadvertent omission, the Government
Pleader applied for copy of the decree on
31.10.2012. The certified copy was ready
on 08.02.2013. The copies were delivered
on 14.02.2013. The District Collector
addressed the files to the Advocate General
on 22.10.2018 and the file received in the
Advocate General's Office on 22.10.2018.
Thereafter, the file was submitted to the
Government Pleader on 27.10.2018 for
examining the scope for appeal. The
Government Pleader perused the file and
returned to concerned Section for availing
certain details. After obtaining details from
the concerned Department, the file was re-
submitted to Government Pleader on
08.07.2019. Thereafter, the Government
C.M.Appl.No.1 of 2020 2026:KER:8324
in LA.APP. NO. 162 OF 2020
& LA.APP. NO. 162 OF 2020
Pleader prepared the appeal after
examining the scope on 09.07.2020 and
submitted for approval of the Addl.Advocate
General. Thereafter, the appeal filed on
15.07.2020. It is submitted that the delay
occurred in filing the above appeal was due
to the time taken or various procedural
formalities above mentioned in the Office of
the District Government Pleader and District
Collector, and not due to any willful neglect
or laches on the part of the appellant. The
appeal ought to have been filed without
delay on or before 31.03.2012. Thus there
occurred delay of 2735 days in filing the
appeal."
2. It is noticed that the certified copy was
admittedly delivered on 14.02.2013. However, the District
Collector forwarded the files to the office of the learned Advocate
General only on 22.10.2018. It is clear that it took more than five
years for the District Collector to sent the files to the office of the
learned Advocate General. It must be noted that there is no
explanation offered in the affidavit to explain the delay from
14.02.2013 to 22.10.2018. It is trite law that while seeking
condonation of delay, reason for the delay shall to be properly
C.M.Appl.No.1 of 2020 2026:KER:8324
in LA.APP. NO. 162 OF 2020
& LA.APP. NO. 162 OF 2020
explained. In the instant case, I find that sufficient reasons have
not been offered to explain the delay.
3. It is also to be noted that, though the files are
received in the office of the learned Advocate General on
22.10.2018, the appeal was filed only on 15.07.2020.
I am of the view that the delay involved in filing the
appeal has not been properly explained by the appellant and
therefore C.M.Application cannot be allowed. It is accordingly
dismissed. Consequently land acquisition appeal shall also stand
dismissed.
Sd/-
S.MANU
JUDGE
ANK
