Allowed

Pappachan, S/O.Thomas v. State of Kerala

Kerala HC19 Dec 2008LA.App./1300/2005

Case brief

AI extract

What is this about?

In a Land Acquisition Appeal, the Single Bench of the High Court of Kerala, holding that the appellant entitled to another chance, allowed the appeal, set aside the lower court proceedings, remitted the case, and allowed refund of court fee.

What did the court decide?

The judgment and decree in L.A.R.No.286 of 1993 set aside; Reference remitted to the Reference Court; Appellant allowed refund of court fee.

Pappachan, S/O.Thomas Vs State of Kerala — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930

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LA.App..No. 1300 of 2005(D)

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LAR.286/1993 of ADDL.SUB COURT, NORTH PARAVUR

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APPELLANT: B. CLAIMANT:

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PAPPACHAN, S/O. THOMAS, KOIKARAN HOUSE, VARAPPUZHA, ERNAKULAM DISTRICT.

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BY ADV. SRI.P.M.POULOSE

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RESPONDENT: RESPONDENT:

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STATE OF KERALA, REPRESENTED BY SPECIAL TAHSILDAR (LA), NATIONAL HIGHWAY, ERNAKULAM.

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GOVERNMENT PLEADER SRI.MOHAMED ANZAR

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & K.T.SANKARAN, JJ.

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L.A.A.NO. 1300 OF 2005 D

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Dated this the 19^th December, 2008

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JUDGMENT

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Kurian Joseph, J .

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The B claimant in L.A.R.No.286 of 1993, on the file of the Additional Sub Court, North Paravoor, is the appellant. The judgment in L.A.R.No.286 of 1993 reads as follows:

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“No affidavit filed. Hence reference is closed.”

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According to the appellant, there are no legal heirs for the A claimant and that fact is discernible from the Land Acquisition Reference. However, it appears that the Reference Court directed the appellant to file an affidavit to that effect. It is seen that the affidavit as directed was not filed. Hence the Land Acquisition Reference was closed.

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Having heard the learned Government Pleader, we are of the view that a fresh opportunity is to be given to the appellant. Therefore, we allow the appeal. The judgment and decree in L.A.R.No.286 of 1993 is set aside. The Reference is remitted to the Reference Court. It is made clear that in the event of any enhancement being granted, the claimant/appellant shall not be entitled for interest at the rate of 15% for the period from 27.2.2001 to this date, ie. 19.12.2008. The affidavit as directed by the Reference Court shall be filed within a month from today.

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L.A.A. NO.1300 OF 2005

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:: 2 ::

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The reference shall be answered within one month thereafter. Petitioner shall make available a copy of this judgment before the Reference Court along with the affidavit. In view of the remand as above, the party shall be entitled to refund of the court fee.

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(KURIAN JOSEPH) Judge

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(K.T.SANKARAN) Judge

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ahz/

Pappachan, S/O.Thomas v. State of Kerala

Case brief

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Pappachan, S/O.Thomas v. State of Kerala

Case brief

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