In a Land Acquisition Appeal regarding the State of Kerala for Kochi International Airport, the Court dismissed the appeal finding that a prior judgment and decree setting aside the previous decision resulted in nothing surviving for adjudication in the current appeal.
The land acquisition appeal was 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
WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929
LA.App..No. 552 of 2002() ------------------------LAR.372/1997 of ADDL.SUB COURT, NORTH PARAVUR
APPELLANT/RESPONDENT:
------------------------------
STATE OF KERALA
BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR
RESPONDENTS/CLAIMANT:
-------------------------------
OUSEPH EATHAPPANOSE,EDAPPALAN EDANADUKARA CHOWARA VILLAGE.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
L.A.A.No.552/2002 2
ORDER ON C.M.P.No.5335/2002 IN L.A.A.NO.552/2002
DISMISSED
30.01.2008 Sd/- KURIAN JOSEPH,JUDGE
Sd/- HARUN-UL-RASHID,JUDGE
TRUE COPY
P.A.TO JUDGE
KURIAN JOSEPH & HARUN-UL-RASHID,JJ
============================ L.A.A.No.552 of 2002
============================== Dated this the 30th day of January, 2008
JUDGMENT
KURIAN JOSEPH,J
Appeal filed by the State aggrieved by the fixation of the land value in L.A.R.No.372/97 on the file of the Sub Court, North Paravur. Acquisition is for Kochi International Airport. Learned Counsel for the Requisitioning Authority submits that the judgment and decree were already set aside by this Court in L.A.A.No.137/2003, in the appeal filed by the Requisitioning Authority and the value was re-fixed with 45% enhancement. Therefore nothing survives in the appeal and it is dismissed.
KURIAN JOSEPH, JUDGE
HARUN-UL-RASHID,JUDGE
dvs
1 issue framed by the court
Whether the present land acquisition appeal survives given that a previous appeal by the requisitioning authority was already set aside by this Court.
STATE OF KERALA
OUSEPH EATHAPPANOSE
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
