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State of Kerala Vs Nirmala — Land Acquisition | Kerala HC (2007)

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Kerala HC
2007
State of Kerala Vs NirmalaState of Kerala v. Nirmala

Dismissed

State of Kerala v. Nirmala

Kerala HC22 Feb 2007LA.App./759/2003

Case brief

AI extract

What is this about?

Land acquisition appeal dismissed on grounds of parity with connected matter appeal dismissal noting enhancement was limited to sixty percent.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

&

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

THURSDAY, THE 22ND FEBRUARY 2007 / 3RD PHALGUNA 1928

LA.App..No. 759 of 2003()

-------------------------

LAR.126/1999 of ADDL.SUB COURT,KOTTAYAM

APPELLANT/RESPONDENT:

STATE OF KERALA.

BY ADDL.ADVOCATE GENERAL

Parties & counsel

AI extract

appellant
STATE OF KERALA
respondent
NIRMALA

Coram

AI extract

KURIAN JOSEPH

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 22 Feb 2007 · February
Registered: 6 Mar 2003
Case no.: LA.App./759/2003

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Cite this judgement

State of Kerala v. Nirmala, LA.App./759/2003 (KL), decided on 22 February 2007.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

KURIAN JOSEPH and K.T. SANKARAN

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The land acquisition appeal was disposed of by dismissal. The court held that since equity was upheld in a connected appeal (L.A.A. No. 560 of 2005) against the same court's decree, this appeal must also be dismissed for parity of reasons, noting the claimed enhancement was mere 60%.

A compact analysis

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.

BY GOVERNMENT PLEADER ADV. SMT. K.R. DEEPA.

RESPONDENT/CLAIMANT:

NIRMALA, D/O. CHELLAPPAN PILLAI, MUNDUVELI, NIRAPPEL, NJEEZHOOR,

VAIKOM.

BY ADV. SRI.RAJEEV V.KURUP

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY

HEARD ON 22/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

KURIAN JOSEPH & K.T. SANKARAN, JJ.

L.A.A. No. 759 OF 2003

................................................................................... Dated this the 22^nd February, 2007

J U D G M E N T

Kurian Joseph, J:

This appeal is filed against the judgment and decree in L.A.R.No. 126 of 1999 on the file of the Addl. Sub Court, Kottayam. Acquisition was for the purpose of MVIP Branch Canal, Ettumanoor. Enhancement granted is only around 60%. It is seen that in connected matters, appeals filed against the judgment and decree of the Reference Court have been dismissed. One such appeal is L.A.A.No. 560 of 2005 . For parity of the reasons, this appeal is dismissed.

KURIAN JOSEPH, JUDGE.

K.T. SANKARAN, JUDGE.

lk

KURIAN JOSEPH & K.T. SANKARAN,JJ.

L.A.A.No. 759 OF 2003

Dated this the 22^nd February, 2007

J U D G M E N T

K.T. SANKARAN

CNR

KLHC010211632003

Topic

Land Acquisition

Bench

Kurian Joseph K.t.sankaran

Disposal

DISMISSED

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22 Feb 2007

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22 Feb 2007