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.
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L.A.A.No. 248 OF 2009
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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