The High Court of Kerala dismissed two land acquisition appeals. The court relied on a confirmed enhancement judgment to confirm the reference court's decision granting enhancement to the claimants.
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 PIUS C.KURIAKOSE &
THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931
LA.App..No. 712 of 2008()
------------------------LAR.77/2003 of ADDL.SUB COURT,PARAVUR
APPELLANT(S): RESPONDENTS
STATE OF KERALA.
BY GOVERNMENT PLEADER SRI.BASANT BALAJI
RESPONDENT(S): CLAIMANT -----------------------
BRIJITH FRANCIS
THOZHUTHUMKAL PADATH, MUNAMBAM.
ADV. SRI.K.A.MANZOOR ALI FOR R1
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009 ALONG WITH L.A.A.NO.1062/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
L.A.A.NOs.No. 712 & 1062 OF 2008
JUDGMENT
Pius.C.Kuriakose, J.
Having gone through the impugned judgment in these cases, we are of the view that the learned Subordinate Judge was justified in placing reliance on the judgment in L.A.R.No.106/2003 and granting enhancement to the claimants.
The Registry now reports to us that the appeal - L.A.A.No.2459/2008 filed by the government against that judgment has been dismissed by this court confirming the enhancement granted by the reference court. A copy of the judgment in L.A.A.No.2459/08 is placed before us. Under these circumstances, both these appeals will stand dismissed confirming the judgment of the reference court.
PIUS.C.KURIAKOSE JUDGE
C.K.ABDUL REHIM JUDGE
sv.
STATE OF KERALA
BRIJITH FRANCIS
PIUS C KURIAKOSE
C K ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
