The appellate court dismissed the land acquisition appeal on 22.2.2008 (also reported as 8.2.2008), holding that the relied-upon judgment had become final in a previous appeal (L.A.A. No.47 of 2003).
The appeal, intra-court application and interim application 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 HARUN-UL-RASHID
FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929
LA.App..No. 314 of 2004()
------------------------LAR.4/1998 of II ADDL.SUB COURT,THIRUVANANTHAPURAM
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR
RESPONDENT: CLAIMANT
CHELLAMMA VANAJAKSHY, ASWATHY, VELLAR, KOVALAM P.O., THIRUVANANTHAPURAM.
BY //
THIS LAND ACQUISITION APPEAL HAVINNG COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. NO. 314 OF 2004
Dated this the 22nd day of February, 2008
JUDGMENT
Kurian Joseph, J.
C.M. Application No.673 of 2004 – Delay condoned.
This appeal is filed against the judgment and decree in L.A.R. No.4 of 1998 on the file of the II Additional Sub Court, Thiruvananthapuram. It is submitted that the relied on judgment has become final in L.A.A. No.47 of 2003. Therefore, this appeal is dismissed. I.A. No.1603 of 2004 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
KURAIN JOSEPH & HAURN-UL-RASHID, JJ.
L.A.A. .NO314/2004
8TH FEBRUARY, 2008
1 issue framed by the court
Whether the land acquisition appeal should be admitted in light of a previous judgment becoming final.
STATE OF KERALA
CHELLAMMA VANAJAKSHY
ASWATHY
PELLAR
KOVALAM P.O.
THIRUVANANTHAPURAM
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
