Remanded

State of Kerala v. Roy Mathew

Kerala HC6 Aug 2010LA.App./24/2010

Case brief

AI extract

What is this about?

Appeal challenged re-fixation of market value for land acquired for TRIDA. Court remanded matter to reference court to take fresh decision after affording opportunity to adduce evidence, due to conflict with an earlier judgment covered by the impugned order.

What did the court decide?

Impugned judgment and decree set aside; L.A.R.184/08 remanded to Second Addl. Sub Court, Thiruvananthapuram for fresh decision after opportunity of adducing evidence.

State of Kerala Vs Roy Mathew — Land Acquisition | Kerala HC (2010)

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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 PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932

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LA.App..No. 24 of 2010(A) ----------------------------LAR.184/2008 of II ADDL.SUB COURT,TRIVANDRUM ....................

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APPELLANT(S): 1ST RESPONDENT

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STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN (SR.)

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RESPONDENT(S): CLAIMANT & 2ND RESPONDENT

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ROY MATHEW, T.C.3/2727, NEAR KOVALLOORKONAM TEMPLE, PATTAM MARAPPALAM ROAD THIRUVANANTHAPURAM.

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THE SECRETARY, TRIDA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA FOR R2 SRI.LAL GEORGE FOR R1

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ.

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L. A. A. No.24 of 2010

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Dated this the 6^th day of August, 2010

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JUDGMENT

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Pius C. Kuriakose, J

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The Government is in appeal challenging the

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re-fixation of market value of land in Kawdiar village acquired for the purpose of road widening for TRIDA pursuant to Section 4(1) notification published on 30/10/04 at Rs.30 lakhs per Are. Sri.V.T.K.Mohanan, the learned Senior Government Pleader drew our attention to the judgment of this Court in L.A.A.1507/09 by which one of the cases covered by the impugned common judgment was interfered with and remanded to the Reference Court. Sri.Lal George

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L. A. A. No.24 of 2010

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appearing for the claimant drew our attention to the judgment of this Court in L.A.A.867/08 and L.A.A.2008/08 and requested that the market value be finally fixed by this Court. We would have been inclined to accept the submission of Sri.Lal George but for the fact that LAA.1507/09 which is already remanded pertains to one of the cases covered by the impugned common judgment. We set aside the judgment and decree under appeal and remand L.A.R.184/08 to the Second Addl. Sub Court, Thiruvananthapuram. That court is directed to take a fresh decision, if necessary, after affording opportunity to both sides to adduce evidence. It is open to the claimant to place reliance on whatever relevant judgments of this court are available with him

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L. A. A. No.24 of 2010

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before the Reference Court. Parties will enter appearance before the Reference Court on

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08/11/10.

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PIUS C. KURIAKOSE JUDGE

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C. K. ABDUL REHIM JUDGE

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kns/-

State of Kerala v. Roy Mathew

Case brief

What is this about?

What did the court decide?

State of Kerala v. Roy Mathew

Case brief

What is this about?

What did the court decide?

What the court decided

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