State of Kerala vs Ushadevi Amma

Type Court Judgment Court Kerala Decided Sep 27, 2019

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Citation: sooperkanoon.com/1898713
Court: Kerala High Court
Judge: Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice N.Anil Kumar
Decided On: Sep 27, 2019
Case Number: LA.App./166/2016

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Ushadevi Amma

Excerpt

.....that the government pleader forwarded the records to the district collector under cover of his letter dated 30/1/2016 which was received on 8/2/2016 and thereafter after examining the scope, the appeal is filed on 21/3/2016.2. we could understand a situation where the files gotmisplaced on account of the shifting of the office though it is a weak explanation. but in such a matter when for the second time certified copy had been received on 6/3/2015, it was forwarded to the district collector only on 30/1/2016. this is gross negligence, which can be attributed only to the concerned government pleader who handled the file. the money belonging to the government is being expended for acquisition of land and if the officers including the law officers act in such a negligent manner, it would cause loss to the exchequer. government-:4:- should ensure that such matters are dealt with seriously and effective steps should be taken to ensure that lawyers who are competent enough are engaged as government pleaders of the state.3. we are not satisfied with the explanation offered especially regarding the delay in between 6/3/2015 and in so far as sufficient cause has not been shown to condonedelay, application to condone delay is dismissed. consequently, the appeal is also dismissed. however, we indicate that the impugned judgment shall not be relied upon as a basic document for other acquisition proceedings. a.m.shaffique judge n.anil kumar rp true copy judge ps to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR.JUSTICE N.ANIL KUMAR FRIDAY, THE 27TH DAY OF SEPTEMBER 2019 / 5TH ASWINA, 1941 LA.App..No.166 OF 2016 AGAINST THE JUDGMENT IN LAR 14/2009 DATED 20-08-2010 OF SUB COURT,NEYYATTINKARA APPELLANT/RESPONDENT IN LAR: STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.K.B.SONY RESPONDENT/CLAIMANT IN LAR: USHADEVI AMMA NANDASREE, TC 19/2194(2), MUDAVANMUGAL, A.K.G.ROAD, POOJAPPURA, THIRUVANANTHAPURAM-695 012. R1 BY ADV. SRI.J.HARIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 27.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-

JUDGMENT

Dated this the 27th day of September 2019

Shaffique, J.

C.M.Appln. No. 265/2016 is an application to condone delay of 1918 days in filing the appeal. An affidavit and an additional affidavit have been filed by the Deputy Collector (LR), Collectorate inter alia stating the reasons for condoning the delay. The judgment was delivered on 20/8/2010. Certified copy was applied only on 4/2/2015. It is stated that the Additional Government Pleader had given explanation stating that the

judgment was forwarded to the Collectorate on 7/12/2010 itself.

But, according to the deponent, though the letter is seen received in the Collectorate on 14/12/2010, the judgment was not received in the Land Acquisition Section. In the meantime, the Collectorate got shifted from Vanchiyoor to a new building at Kudappanakkunnu and it is suspected that there was -:3:- misplacement of files. The matter came to the notice only

subsequently and accordingly direction was given to the Government Pleader to apply for a fresh copy of judgment and decree. Accordingly, an application was submitted on 4/2/2015 and it was ready on 3/3/2015 and collected on 6/3/2015. The affidavit further indicates that the Government Pleader forwarded the records to the District Collector under cover of his letter dated 30/1/2016 which was received on 8/2/2016 and thereafter after examining the scope, the appeal is filed on 21/3/2016.

2. We could understand a situation where the files got

misplaced on account of the shifting of the office though it is a weak explanation. But in such a matter when for the second time certified copy had been received on 6/3/2015, it was forwarded to the District Collector only on 30/1/2016. This is gross negligence, which can be attributed only to the concerned Government Pleader who handled the file. The money belonging to the Government is being expended for acquisition of land and if the officers including the law officers act in such a negligent manner, it would cause loss to the exchequer. Government

-:4:- should ensure that such matters are dealt with seriously and effective steps should be taken to ensure that lawyers who are competent enough are engaged as Government Pleaders of the State.

3. We are not satisfied with the explanation offered especially regarding the delay in between 6/3/2015 and In so far as sufficient cause has not been shown to condone

delay, application to condone delay is dismissed. Consequently, the appeal is also dismissed. However, we indicate that the impugned judgment shall not be relied upon as a basic document for other acquisition proceedings. A.M.SHAFFIQUE JUDGE N.ANIL KUMAR Rp True Copy JUDGE PS to Judge

Same Court & Year Kerala · 2019 Same Parties State of Kerala vs Ushadevi Amma Same Judge Honourable Mr.Justice a.M.Shaffique,Honourable Mr.Justice N.A...