IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 608 of 2009()
1. SHRI.C.J.ANTONY,AGED 68 YEARS,
... Petitioner
2. SR.ANEESYA, AGED 76 YEARS,D/O.JOSEPH,
3. JESSY,AGED 42 YEARS,D/O.POULOSE,
Vs
1. STATE OF KERALA,REP.BY CHIEF SECRETARY.
... Respondent
2. SPECIAL TAHSILDAR,EDAMALAYAR,IRRIGATION
For Petitioner :SRI.VINCENT RAPHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/09/2009
O R D E R
S.SIRI JAGAN, J.
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R.P.No. 608 of 2009
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Dated this the 14th day of September, 2009
O R D E R
This review petition is filed by the petitioners in the writ petition
seeking review of my judgment dated 1.4.2009. By that judgment, I
dismissed the writ petition holding that the petitioners’ application
under Section 18 of the Kerala Land Acquisition Act for reference of
their claim for enhanced compensation to the court is barred by
limitation. The petitioners have now produced Annexure 4 copy of
petition dated 13.9.2003 filed by the predecessor-in-interest of the
petitioners seeking reference under Section 18 of the Act. Notice was
received by the predecessor-in-interest of the petitioners only on
26.8.2003 and therefore, Annexure 4 application made under Section
18 is within time is the contention raised. According to the petitioners,
Annexure 4 was not with them at the time of disposal of the writ
petition, which was obtained by them by resort to proceedings under
the Right to Information Act. Since the failure to produce the same
was because of circumstances beyond their control, the petitioners
seek review of my judgment dated 1.4.2009.
2. I have heard the learned Government Pleader also.
3. The Government Pleader does not dispute Annexure 4
application and receipt thereof in time. In fact Annexure 4 is a copy of
R.P.608/09 2
the application submitted by the original owner of the property. That
being so, Annexure 4 application for reference filed under Section 18
has been submitted within time. In view of the said fact, I allow this
review petition and recall my judgment dated 1.4.2009.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge