The High Court of Kerala dismissed a petition for condoning a 130-day delay in filing an appeal against a land acquisition order. The court also dismissed the appeal itself as there was no appeal against a related judgment in L.A.R. No.46/1995.
Application for condonation of delay and the land acquisition appeal were 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 15TH FEBRUARY 2008 / 26TH MAGHA 1929
LA.App.No. 353 of 2003 ---------------------------LAR.2/1995 of SUB COURT,KOTTARAKKARA
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APPELLANT/RESPONDENT:
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STATE OF KERALA
BY GOVERNMENT PLEADER SMT. K.R. DEEPA. SRI.RAJAN JOSEPH, ADDL.A.G.
RESPONDENT/CLAIMANT:
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KARTHIYAYANI AMMA CHELLAMMA, PULLANIYOTTU KOCHUPUTHEN VEEDU, VALACODE VILLAGE, PUNALUR.
BY ADV. SRI.V.N.ACHUTHA KURUP SRI.K.G.RENGANATH
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. No. 353 OF 2003
----------------------------------------Dated this the 15th day of February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.P. No. 1214/2003 : This is a petition to condone the delay of 130 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.2/1995 on the file of the Sub Court, Kottarakkara. Acquisition is for the purpose of construction of Mini Market and Cattle Market at Kalayanadu. It is seen that there is no appeal against the relied on judgment in L.A.R. No.46/1995. Therefore, the application for condonation of delay and the appeal are dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE
smp
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. No. 353 OF 2003
J U D G M E N T
15.02.2008
3 issues framed by the court
Whether the delay of 130 days in filling Land Acquisition Appeal can be condoned.
Whether the Land Acquisition Appeal can be proceeded with without an appeal against a related judgment.
Whether the condonation of delay application and Land Acquisition Appeal can be allowed.
STATE OF KERALA
KARTHIYAYANI AMMA CHELLAMMA
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
