Hosdurg Service Co-Operative … vs The Special Tahsildar(Land … on 28 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28422 of 2006(H)


1. HOSDURG SERVICE CO-OPERATIVE BANK LTD.
                      ...  Petitioner

                        Vs



1. THE SPECIAL TAHSILDAR(LAND ACQUISITION),
                       ...       Respondent

                For Petitioner  :SRI.A.DINESH RAO

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :28/09/2007

 O R D E R


                              M.N.Krishnan, J.

               ========================

                        W.P(C).No.28422 of 2006

               ========================


          Dated this the  28th  day of September, 2007.


                                  JUDGMENT

This Writ Petition is filed challenging the order of the

Subordinate Judge, Hosdurg by Exts.P4 and P6. It is a land

acquisition reference. When the matter was posted for trial in

the list, there was no representation for the claimant and

therefore the court refused adjournment and disallowed any

enhancement of compensation. Subsequently, the claimant filed

an application under Order 9 Rule 9 of C.P.C. for restoration of

the case. By the decision of the Apex Court and this Court, it is

clearly settled that the land acquisition court has no power to

dismiss a reference for default. It is also held in very many

decisions that even in the absence of the claimant, the court is

bound to look into the factual aspects and pass award. In other

words, a duty is case upon the court to apply its mind and

dispose of the cast in accordance with law. But unfortunately, in

WP(C) 28422/06 -: 2 :-

this case, the court below has not applied its mind and had just

disposed of the case on account of the absence of the claimant.

2. Therefore, it is a fit case where jurisdiction under 227 of

the Constitution of India has to be exercised and therefore, I set

aside the order passed by the learned Subordinate Judge in

L.A.R. No.6 of 2003 and direct the court to restore it to file and

dispose of the matter in accordance with law after permitting the

claimant as well as the Government to adduce evidence in

support of their respective contentions. If the court finds that

there has been willful default on the part of the claimant, the

court is at liberty to consider the question of awarding interest on

the amount for the said period of laches on the part of the

claimant. The court shall dispose of the matter as expeditiously

as possible.

Writ Petition is disposed of as above.

M.N.Krishnan,

Judge.

ess 29/9