The Court set aside the judgment and decree under appeal in a land acquisition case involving Sree sankaracharya Sanskrit University. The matter was remanded to the reference court for fresh consideration, aligning with connected matters.
Set aside the judgment and decree and remitted the matter to the reference court for fresh consideration.
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 MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929
LA.App..No. 15 of 2003() -----------------------LAR.539/1997 of PRINCIPAL SUB COURT,PARAVUR ....................
APPELLANT: RESPONDENT: ----------------------
STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.K.R.DEEPA
RESPONDENTS: CLAIMANTS:
RAMAKRISHNAN, S/O. KUTTAN, POOVATHUMKUDY HOUSE, KALADY.
BY ADV. SRI.C.S.NARAYANAN NAIR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.15 OF 2003
Dated 4th February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln. No.23/2003 : Delay condoned.
This appeal is directed against the judgment and decree in LAR 539/1997 on the file of the Sub Court, North Parur. The acquisition is for the purpose of Sree sankaracharya Sanskrit University, Kalady. It is submitted that connected matters have already been remanded to the reference court(one such judgment is in LAA 757/02) for fresh consideration. For parity of reasons, we set aside the judgment and decree under appeal and remit the matter to the reference court for fresh consideration.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH & HARUN-UL-RASHID, JJ
L.A.A. NO.15 OF 2003
J U D G M E N T Dated 4th February, 2008.
2 issues framed by the court
Whether the judgment and decree in LAR 539/1997 should be set aside for parity of reasons?
Whether the matter should be remanded to the reference court for fresh consideration?
State of Kerala
Ramakrishnan
Kurian Joseph
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
