Remanded

State O Kerala v. Marium

Kerala HC12 Feb 2008LA.App./493/2003

Case brief

AI extract

What is this about?

The Kerala High Court, in a land acquisition appeal regarding Sree Sankaracharya Sanskrit University, Kondoned 148 days delay. The court set aside the lower court's judgment and decree, remitting the matter to the reference court for fresh consideration.

What did the court decide?

Set aside the judgment and decree in L.A.R.No.581/1998; remitted the matter to the reference court to be answered within six months.

State O Kerala Vs Marium — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &

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THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID

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TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929

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LA.App.No. 493 of 2003

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----------------------------LAR.581/1998 of PRINCIPAL SUB COURT, NORTH PARAVUR

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....................

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APPELLANT/RESPONDENT:

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--------------------------------

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STATE OF KERALA.

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BY GOVERNMENT PLEADER SMT. K.R. DEEPA.

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RESPONDENT/CLAIMANT:

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-------------------------------

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MARIUM, W/O. VARKEY, MANIKOTHAN HOUSE, KALADY.

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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-----------------------------------------

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L.A.A. No. 493 OF 2003 & C.M.P. No. 1839 OF 2003

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----------------------------------------Dated this the 12^th day of February, 2008.

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J U D G M E N T

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Kurian Joseph, J.

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C.M.P. No. 1839/03

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This is a petition to condone the delay of 148 days in filing the appeal. Despite service of notice, there is no appearance. Therefore, delay is condoned.

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As far as the appeal is concerned, it is not necessary to

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issue fresh notice since there is no appearance for the parties even though notice on the delay condonation petition was served. The appeal is from the judgment and decree in L.A.R.No.581/1998 on the file of the Principal Sub Court, North Paravur. Acquisition is for Sree Sankaracharya Sanskrit University, Kalady.

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Learned Government Pleader submits that all the connected matters have been remanded to the reference court and one such judgment is in L.A.A. No.485/2002 . For parity of reasons, we

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L.A.A. 493/03

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set aside the judgment and decree in L.A.R.No.581/1998 and remit the matter to the reference court. Reference shall be answered within a period of six months from the date of receipt of a copy of this judgment.

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KURIAN JOSEPH JUDGE

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HARUN-UL-RASHID JUDGE

smp

L.A.A. 493/03

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

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L.A.A. No. 493 OF 2003

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J U D G M E N T

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12.02.2008

State O Kerala v. Marium

Case brief

What is this about?

What did the court decide?

State O Kerala v. Marium

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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