dismissed an application for condonation of delay in filing a land acquisition appeal against Kottayam Gandhinagar bye-pass acquisition, noting that the specific exhibits relied upon in the appeal had been rendered final by prior judgments of this Court.
Application for condonation of delay and main appeal dismissed; intervening application 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 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929
LA.App.No. 1314 of 2003
------------------------------LAR.171/1999 of PRL.SUB COURT, KOTTAYAM
....................
APPELLANT/RESPONDENT:
----------------------
STATE OF KERALA.
BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR.
RESPONDENT/CLAIMANT:
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MARY VARGHESE, PULIMOOTIL HOUSE, AYANAM, MARIYATHURUTH P.O., KOTTAYAM.
BY ADV. SRI. SURESH JOSE
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
-----------------------------------------
L.A.A. No. 1314 OF 2003
----------------------------------------Dated this the 20th day of February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.No.1010/2003: This is an application to condone
the delay of 146 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.171/1999 on the file of the Principal Sub Court, Kottayam. Acquisition is for the purpose of Kottayam Gandhinagar bye-pass.
I.A.No.1785/2003: Dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE
smp
1 issue framed by the court
Whether the application to condone delay in filing the land acquisition appeal is maintainable given that the underlying acquisitions have been held final by other judgments of this Court.
Kuttikrishna Mooppan
State of Kerala
Mary Varghese
Kuriann Joseph
Harun-UL-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
