The Court dismissed an application to condone a delay of 182 days in filing an appeal against a land acquisition judgment. Consequently, the underlying appeal regarding the Changanassery bypass acquisition was also dismissed, noting that connected appeals with similar factual positions were previously 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
TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930
LA.App.No.166 of 2004
---------------------------LAR.159/1998 of PRL.SUB COURT,KOTTAYAM
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APPELLANT/RESPONDENT:
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STATE OF KERALA
BY GOVERNMENT PLEADER SRI. SHYSON P. MANKUZHA
RESPONDENT/CLAIMANT:
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JACOB GEORGE, THOTTASSERIYIL HOUSE, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY.
ADV. SRI.ANTONY C. ETTUKETTIL SRI. CHERIAN CHACKO
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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L.A.A. No.166 OF 2004
Dated this the 9th day of December, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.No.372/2004: This is an application to condone the delay of 182 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.159/1998 on the file of the Principal Sub Court, Kottayam. Acquisition is for the purpose of Changanassery bye pass. It is not in dispute that connected appeals where the enhancement is upto 65% over and above the value fixed by the Land Acquisition Officer have already been dismissed. Therefore, the application for condonation of delay and the appeal are dismissed.
I.A.No.772/2004: Dismissed.
KURIAN JOSEPH JUDGE
K.T. SANKARAN JUDGE
smp
KURIAN JOSEPH & K.T. SANKARAN, JJ.
L.A.A. No.166 OF 2004
J U D G M E N T
09.12.2008
2 issues framed by the court
Whether the delay of 182 days in filing the land acquisition appeal should be condoned.
Whether the merits of the appeal against the land acquisition judgment and decree should be examined.
STATE OF KERALA
JACOB GEORGE
KURIAN JOSEPH
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
