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2011 Supreme(Online)(KER) 43287

HIGH COURT OF KERALA
K.T.SANKARAN, J
THULASEEDHARAN – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

An extent of 0.75 Ares of land belonging to the petitioner was acquired for the purpose of Railways. Dissatisfied with the award of compensation, the petitioner moved an application for reference. Accordingly, reference was made and it was numbered as LAR No.215 of 1996 on the file of the Court of the Additional Subordinate Judge of Kollam. The Land Acquisition Reference was disposed of by the judgment dated

29th November, 2003. The judgment reads as follows:

“Claimant has not adduced any evidence to substantiate their claim for enhanced compensation.

In the result, the award passed by the Land

Acquisition Officer is confirmed.”

2. The petitioner filed Ext.P2 application under Section

151 of the Code of Civil Procedure and Order 47 Rule 1 and Order IX Rule 9 to restore the case and to reconsider the judgment passed by the court below, after condoning the delay. There was a delay of more than 7 years. The court below dismissed the applications on the ground that the petitioner failed to establish sufficient reason for condoning the delay. The orders passed by the court below are under challenge in this Original Petition.

3. The learned counsel for the petitioner submitted that in

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