The High Court of Kerala dismissed the Land Acquisition Appeal filed by the State challenging a decree in L.A.R.No.3/1998. An application to condone a 266-day delay and a companion contempt application were also dismissed.
Appeal, condonation of delay application, and contempt 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 TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 LA.App..No. 229 of 2003() ------------------------LAR.3/1998 of SUB COURT, OTTAPPALAM ....................
APPELLANT: RESPONDENT NO.1:
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR L.A.(G)NO.1, PALAKKAD.
BY GOVERNMENT PLEADER SRI.K.V.MANOJ KUMAR
RESPONDENTS: CLAIMANTS AND SUPPLEMENTAL RESPONDENTS:
KALLIPADAM, P.O. SHORNUR IN OTTAPALAM TALUK.
BY ADV. SMT.T.D.RAJALAKSHMI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.229 of 2003 & C.M.Appln.No.724 of 2003
Dated this the 19th day of February, 2008
JUDGMENT
Kurian Joseph,J.
C.M.Appln.No.724 of 2003 is an application for condoning
the delay of 266 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.3/1998 on the file of the Sub Court, Ottappalam. The acquisition is for the purpose of Industrial Development Area, Shornur. It is seen that the relied on judgment has become final as per the judgment in L.A.A.No.491/2001. Therefore, the application and the appeal are dismissed. C.M.P.No.1293/2003 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.229 of 2003
JUDGMENT
19th February, 2008
2 issues framed by the court
Whether to condone delay in filing land acquisition appeal.
Whether acquisition for Industrial Development Area is lawful.
1 provisions across 1 enactments
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR L.A.(G)NO.1, PALAKKAD
PURUSHOTHAMAN, MANGOTTIL, KARAKKAD
SUKUMARAN, MANGOTTIL, KARAKKAD
K.S. SUJATHA
M.P. NISHA
RAMACHANDRAN
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
