The High Court dismissed a land acquisition appeal based on the principle of res judicata, as connected cases were already dismissed. It also dismissed an accompanying application for condonation of delay in filing the appeal.
The application for condonation of delay and the land acquisition appeals 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
FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930
LA.App.No.1404 of 2005 ----------------------------LAR.62/2003 of SUB COURT, QUILANDY
....................
APPELLANT/ 2ND RESPONDENT:
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THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM.
BY ADV. SRI.JOBY CYRIAC, SC, KSIDC
RESPONDENTS/ CLAIMANT/ 1ST RESPONDENT:
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1. AREEKKARA KUNHIKKANARAN, S/O. CHANDU, KINALUR.
2. THE DISTRICT COLLECTOR, KOZHIKODE.
GOVERNMENT PLEADER SRI. MOHAMMED ANZAR.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/12/2008, ALONG WITH L.A.A.614/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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L.A.A. No.1404 OF 2005 & L.A.A.No.614 OF 2007
-----------------------------------------Dated this the 12th day of December, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.No.1913/2005: This is an application to condone
the delay of 98 days in filing the appeal, L.A.A.No.1404/2005.
The appeals are filed aggrieved by the fixation of land value by the reference court, Sub Court, Koyilandy. Acquisition is for the purpose of widening of Vattoli-Kinalur public road. It is seen that the appeals against the connected cases covered by the common judgment have already been dismissed (L.A.A.No.1411/2005 and connected cases). Therefore, the application for condonation of delay and the appeals are dismissed.
I.A.Nos.3851/2005 & 1712/2007: Dismissed.
KURIAN JOSEPH JUDGE
K.T. SANKARAN JUDGE
smp
KURIAN JOSEPH & K.T. SANKARAN, JJ.
L.A.A. No.1404 OF 2005 & L.A.A.No.614 OF 2007
J U D G M E N T
12.12.2008
2 issues framed by the court
Whether the application for condonation of delay in filing land acquisition appeals should be allowed.
Whether the adjudicated land acquisition appeals should be heard after dismissal of connected cases.
THE MANAGING DIRECTOR, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION
AREEKARA KUNHIKKANARAN
THE DISTRICT COLLECTOR, KOZHIKODE
KURIAN JOSEPH
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
