High Court Kerala High Court

Subin Jacob vs State Of Kerala on 26 February, 2009

Kerala High Court
Subin Jacob vs State Of Kerala on 26 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 248 of 2009()


1. SUBIN JACOB, KAROTTUPULLOLIL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY
                       ...       Respondent

                For Petitioner  :SMT.S.SIBHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :26/02/2009

 O R D E R
          PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                     ------------------------
                    L.A.A.No. 248 OF 2009
                     ------------------------

           Dated this the 26th day of February, 2009

                          JUDGMENT

Pius C.Kuriakose, J.

The learned Government Pleader Sri.Basant Balaji takes

notice on behalf of the respondent. We have heard the

submissions of Smt.S.Sibha, learned counsel for the appellant

and the learned Government Pleader.

2. The learned counsel for the appellant would submit that

the appellant was a student at Bangalore and on the day the

case posted before the reference court, he was in Bangalore in

connection with study and was not in a position to get in touch

with his lawyer. The counsel submitted that if an opportunity is

given, the appellant will be able to adduce evidence which will

justify enhancement of the market value determined by the

awarding officer considerably. The learned Government Pleader

submitted that even if this court is inclined to pass an order of

remand, the same may not be made unconditionally.

3. We feel, having heard the submissions, that an

opportunity should be afforded to the appellant. Accordingly, we

L.A.A..No.248/2009 2

set aside the judgment and decree under appeal and remand

the L.A.R.122/2007 back to the Subordinate Judge’s Court, Pala

for fresh decision after permitting both sides to adduce evidence.

However, we are inclined to do so only on conditions.

Accordingly, the appeal is disposed of issuing following

directions:

i). The judgment and decree under appeal

are set aside. L.A.R. No.122/2007 is remanded

back to the Subordinate Judge’s Court, Pala. The

parties will appear before that court on

20/3/2009.

ii). The learned Subordinate Judge will

afford an opportunity to the appellant and also to

the respondent to adduce whatever evidence they

want to in substantiation of their rival contentions

and will pass revised judgment on the basis of the

evidence which comes to be adduced.

We further make it clear that this order will become operative

and effective only subject to the following conditions;

1). The appellant pays a sum of

L.A.A..No.248/2009 3

Rs.1,000/-(Rupees One Thousand only) by

way of costs to the respondent through the

office of the Advocate General within three

weeks and produce receipt before the

Subordinate Judge’s Court.

2). In the event of the reference being

answered in favour of the appellant and the

appellant becoming entitled for enhanced

compensation, such enhanced compensation

will not carry interest at the rates admissible

under Section 28 of the Act during the

periods from 31/7/2007 to 26/2/2009. The

learned Subordinate Judge will states so in

his judgment and decree also.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
dpk