BHARGAVI PILLAI v. STATE OF KERALA
Case at a glance
Outcome
Disposed of
Writ Petition is disposed of accordingly
Provisions considered
- Code of Civil Procedure, 1908 O. 9 r. 9
- Constitution of India art. 227
Key paragraphs
- Para 33. Therefore in order to render substantial justice, I invokethe jurisdiction under Article 227 of the Constitution of India andset aside the award passed in L.A.R.No.117 of 1998 and directthe Subordinate Judge, Kollam to consider and dispose of thematter in accordance with law. I also…
Judgment
M.N.Krishnan, J.========================W.P(C).No.28214 of 2007========================Dated this the 9th day of October, 2007.JUDGMENTThis Writ Petition is preferred to set aside Exts.P3 and P4.The writ petitioner is a claimant in a Land Acquisition Reference. He did not present himself for tendering evidence. When thematter was posted for evidence in his absence, the court heldthat the Land Acquisition Officer had properly complied with therequirements and just confirmed that award.
An application under Order 9 Rule 9 of C.P.C. was alsofiled for restoration. It is settled position of law that the LandAcquisition Court cannot dismiss the reference for default. I donot want to say anything under Order 9 Rule 9 of C.P.C. But it isa matter which requires sympathetic consideration by the courtwhether proper compensation has been awarded in a case of thisnature because there was no assistance from the claimant to findout the real bone of contention between the parties. WP(C) 28214/07-: 2 :-
Operative part
Therefore in order to render substantial justice, I invokethe jurisdiction under Article 227 of the Constitution of India andset aside the award passed in L.A.R.No.117 of 1998 and directthe Subordinate Judge, Kollam to consider and dispose of thematter in accordance with law. I also make it clear that if thecourt finds that there has been grave latches on the part of theclaimant, it may consider while granting interest for the period inbetween the date of dismissal and the direction given by metoday. I also make it clear that this judgment shall not betreated as a precedent in other cases. Writ Petition is disposed of accordingly.M.N.Krishnan, Judge.ess 9/10
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ Petition is disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 9 r. 9; Constitution of India — art. 227.
Which court decided this case, and when?
Kerala High Court, on 09 Oct 2007. The bench was M N KRISHNAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.