The high court dismissed an appeal filed by the State aggrieved by land value fixation. Citing an excessive delay of 815 days and connected matters dismissed earlier, the court found no ground to condone the delay and dismissed both the delay petition and the appeal.
The delay petition 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 K.T.SANKARAN
THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930
LA.App..No. 1030 of 2007() -------------------------LAR.531/1994 of SUB COURT, MAVELIKKARA ....................
APPELLANT(S): RESPONDENT
STATE OF KERALA.
BY GOVERNMENT PLEADER SRI.MOHAMMED ANSAR K.J.
RESPONDENT(S): CLAIMANT -----------------------
KRISHNA PILLAI, KEECHERI MADAM, PILAPPUZHA MURI, HARIPPAD.
ADV. SRI.P.NEELAKANTA PILLAI (HARIPAD) FOR R.1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
L.A.A. No.1030 of 2007
Dated 11th December, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Application No.1193/07 : There is a delay of 815 days in filing the appeal.
The appeal is filed by the State aggrieved by the fixation of land value by the reference court - Sub Court, Mavelikkara. The acquisition is for the purpose of widening of Haripad - Veeyapuram road. It is not in dispute that the connected matters have already been dismissed by this court and one such judgment is in LAA 434/2007. Therefore, there is no reason to condone the delay. The delay petition as well as the appeal are dismissed.
I.A.No.2594/07 : Dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. No.1030 of 2007
J U D G M E N T
Dated 11th December, 2008.
1 issue framed by the court
Whether to condone the excessive delay of 815 days in filing the land acquisition appeal.
STATE OF KERALA
KRISHNA PILLAI
KURIAN JOSEPH
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
