This order dismisses the State's land acquisition appeal due to uncondonable delay, noting that connected matters were previously dismissed by the court, rendering the delay claim inapplicable.
Delay petition and the land acquisition appeal are 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 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930
LA.App..No. 2363 of 2008() -------------------------LAR.118/2002 of SUB COURT, CHERTHALA ....................
APPELLANT(S): RESPONDENT:
STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR, LA, INDUSTRIAL GROWTH CENTRE, CHERTHALA.
BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.
RESPONDENT(S): CLAIMANTS;
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
L.A.A. No.2363 of 2008
Dated 16th December, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Application No.2340/08 : This is an application for
condonation of delay.
The appeal is filed by the State aggrieved by the fixation of land value by the reference court, viz., Sub Court, Cherthala. The acquisition is for the purpose of Industrial Growth Centre, Pallippuram. It is not in dispute that connected matters have already been dismissed by this court. Therefore, there is no reason to condone the delay. The delay petition and the appeal are dismissed.
I.A.5272/08 : Dismissed.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. No.2363 of 2008
J U D G M E N T
Dated 16th December, 2008.
2 issues framed by the court
Whether the delay in filing the appeal should be condoned.
Whether the land acquisition appeal merits allowance given the dismissal of related proceedings.
STATE OF KERALA
MATHEN JOSEPH
THE MANAGING DIRECTOR, KSIDC
KURIAN JOSEPH
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
