IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25411 of 2007(A)
1. K. ABDULLA, S/O. KUNHIPALLY,
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR (LA),
... Respondent
2. DEPUTY CHIEF ENGINEER (CON),
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent :R1I.N.B.SUNIL NATH,SC, RAILWAYS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/08/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)Nos.25411,25438 &
25453 OF 2007
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Dated this the 21st August, 2007.
JUDGMENT
W.P(C) 25411/07 is filed against the order of the Land
Acquisition Court, Hosdurg with a prayer to set aside
Exts.P1 and P2 judgments. W.P(C)25438/07 is filed with a
prayer to set aside Exts.P1 and P2 in L.A.R.16/01 of the
same court and W.P(C)25453/07 is filed to set aside Exts.P1
to P3 in L.A.R.14/01 of the same court.
2. Govt. Pleader is appearing for the first respondent
and the railway is represented by the standing counsel.
The point involved in all these cases are that the land
acquisition court on account of the absence of the claimant
passed an award confirming the amount granted by the
acquistioning authority. It is a settled law that under
the Land Acqusition Act, a reference cannot be dismissed
for default. Even when the party is absent the court is
expected to apply its mind, take into consideration
relevant materials and find out whether the compensation
has been properly awarded or not. A perusal of the order
challenged in all these cases would reveal that it has not
been done by the Land Acquisition Court. When there is a
mistake committed by the court, this Court under Art.227 of
WPC 25411/07 etc. 2
the Constitution of India is bound to correct it and direct
the court below to give an opportunity to the claimant to
produce documents and adduce evidence in support of their
respective contentions and after hearing the other side as
well, dispose of the matter in accordance with law.
Therefore, the original orders passed by the Land
Acquisition Court are set aside and they are restored to
file and a direction is given to the Subordinate Judge,
Hosdurg to dispose of all these land acquisition cases in
accordance with law as stated above. Writ petitions are
disposed of accordingly.
M.N.KRISHNAN
Judge
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