The High Court of Kerala disposed of two connected cases under L.A.A. No.1311/2002. One case (C.M.P.5411/02) was allowed to resolve a land acquisition matter by relying on a final earlier judgment. The other case (C.M.P.5412/02) was dismissed.
C.M.P. No.5411/02 allowed; C.M.P. No.5412/02 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
MONDAY, THE 5TH NOVEMBER 2007 / 14TH KARTHIKA 1929
LA.App..No. 1311 of 2002(C) --------------------------LAR.163/1992 of SUB COURT, MAVELIKKARA ....................
APPELLANT: RESPONDENT:
STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA.
RESPONDENTS: CLAIMANTS:
10.THE EXECUTIVE ENGINEER(C) O/O. DY.CHIEF ENGINEER(CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM.(IMPLEADED AS ADDL. RESPONDENTS 9 & 10 VIDE ORDER IN I.A.287/03).
BY ADV. SRI.K.V.SADANANDA PRABHU,SR.SC.RAILWAYS SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS SRI.G.ANANTHANARAYANAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. NO.1311 OF 2002
Dated 5th November, 2007.
J U D G M E N T
Kurian Joseph, J.
C.M.P.No.5411/02 : Allowed.
This appeal is directed against the judgment and decree in LAR No.163/92 on the file of the Sub Court, Mavelikkara. It is seen that the relied on judgment in LAR 390/91 has become final, in view of the judgment in L.A.A.No.356/96. Therefore, this appeal is dismissed.
C.M.P.No.5412/02 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.1311 OF 2002
J U D G M E N T
Dated 5th November, 2007.
1 issue framed by the court
Whether the land acquisition appeal should be allowed given the finality of LAR 390/91 as per L.A.A.No.356/96.
STATE OF KERALA
PADMANABHAN VELAYUDHAN
RAVEENDRAN
SARASWATHY
LALITHA
VALSALA
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
