This court dismissed a land acquisition appeal and a condonation of delay application. The court held there was no merit in challenging the fixed land value and allowed the delay despite it being 54 days.
Condonation of delay and the land acquisition appeal were 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
WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929
LA.App.No. 929 of 2000(B)
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APPELLANT/ 2ND RESPONDENT IN LAR 126/88:
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THE SECRETARY, THRISSUR MUNICIPALITY, THRISSUR.
BY ADV. SRI.K.P.VIJAYAN SRI.V.B.JINNAH SMT.P.F.ROSY SMT.C.B.SUMA DEVI SRI.SURESH SAMUEL SRI.V.M.SYAM KUMAR
RESPONDENTS/ CLAIMANTS/1ST RESPONDENT IN LAR 126/88:
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1. MARY ANTONY, W/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
2. JOHNY, S/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
3. KURIAN, S/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
4. FRANCIS, S/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
5. APREM, S/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
6. ANITHA, D/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
LA.App.No. 929/2000(B)
...2...
7. JERRY, D/O. DR. ANTONY, CHAZHUR CHANDY HOUSE, EAST FORT, THRISSUR - 5.
8. THE SPL. TAHSILDAR (LA), THRISSUR MUNICIPALITY, THRISSUR
BY GOVERNMENT PLEADER SMT. K.R. DEEPA.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 929 OF 2000
&
C.M.P. NO. 4270 OF 2000
----------------------------------------Dated this the 24th day of October, 2007.
J U D G M E N T
Kurian Joseph, J.
C.M.P. No. 4270/2000
This is a petition to condone the delay of 54 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R. No. 126/1988 on the file of the Sub Court, Thrissur. It is a common judgment in two cases, L.A.R. Nos. 88/1988 and 126/1988.
L.A.A. 929/00 & C.M.P. 4270/00
2
There cannot be any dispute that the property is situated at the centre of the town and there are several institutions around the acquired property. In L.A.R. No. 24/1988, the reference court fixed the land value at the rate of Rs. 20,000/- per cent, originally. The acquired land had road frontage. Taking into account all these aspects, the land value was fixed by the reference court at Rs. 16,000/- per cent.
In view of the finality attained to the connected case also, as per judgment in L.A.A. No. 920/2000, we find no merit in the appeal. For all the above reasons, the application for condonation of delay and the appeal are dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. 929/00 & C.M.P. 4270/00
3
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. NO. 929 OF 2000 & C.M.P. NO. 4270 OF 2000
J U D G M E N T
24.10.2007
2 issues framed by the court
Whether the delay of 54 days in filing the land acquisition appeal should be condoned.
Whether the land acquisition appeal filed against the compensation amount fixed has any merit.
1 provisions across 1 enactments
THE SECRETARY, THRISSUR MUNICIPALITY, THRISSUR
MARY ANTONY
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
