Remanded

State of Kerala v. G.Vinesh Kumar

Kerala HC6 Aug 2010LA.App./263/2010

Case brief

AI extract

What is this about?

High Court of Kerala set aside the impugned judgment and decree in a land acquisition reference for Electronic Technopark. The court remanded the matter to the Reference Court to grant further evidence opportunity, ensuring alignment with a common judgment regarding market value re-fixation for identical lands.

What did the court decide?

Impugned judgment and decree set aside; matter remanded to Second Additional Sub Court, Thiruvananthapuram to grant opportunity for further evidence.

State of Kerala Vs G.Vinesh Kumar — Land Acquisition | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 LA.App..No. 263 of 2010() ------------------------LAR.236/2005 of II ADDL.SUB COURT,TRIVANDRUM ....................

¶3

APPELLANT(S): RESPONDENT NO.1 IN LAR

¶4

¶5

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

¶6

BY GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN (SR.)

¶7

RESPONDENT(S): CLAIMANT & 2ND RESPONDENT IN LAR

¶8

¶9

G.VINESH KUMAR, GANGA SADANAM, KIZHAKKUMKARA MURI, ATTIPRA.

¶10

THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARK, KARYAVTTOM, THIRUVANANTHAPURAM.

¶11

ADV. SRI.P.A.AHAMMED FOR R2 SRI.L.MOHANAN FOR R1 SMT.LIGEY ANTONY FOR R1

¶12

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

¶13

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

¶14

L. A. A. No.263 of 2010

¶15

Dated this the 6^th day of August, 2010

¶16

JUDGMENT

¶17

Pius C. Kuriakose, J

¶18

This appeal pertains to acquisition of land in Attipra village for the purpose of Electronic Technopark in Kazhakkuttam in Thiruvananthapuram district. The acquisition was pursuant to Section 4(1) notification published on 17/12/03. We notice our own common judgment in LAA.1332/08 series under which we dealt with re-fixation of market value by the Reference Court in respect of identical lands. For the reasons stated in that common judgment, the impugned judgment is liable to be interfered with. Hence, we set aside the judgment and decree under appeal and

¶19

L. A. A. No.263 of 2010 -2remand L.A.R to the Second Additional Sub Court, Thiruvananthapuram. That court will grant opportunity to both sides to adduce further evidence. On the basis of the entire evidence available on record, the revised judgment will be passed. While passing the revised judgment, the court below will keep in mind the directions and observations contained in common judgment in L.A.A.1332/08 series. Either the Government or

¶20

the Requisitioning Authority will place the common judgment before the Reference Court.

¶21

PIUS C. KURIAKOSE JUDGE

¶22

C. K. ABDUL REHIM JUDGE

¶23

kns/-

State of Kerala v. G.Vinesh Kumar

Case brief

What is this about?

What did the court decide?

State of Kerala v. G.Vinesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Upendra Kamath Vs B.Sathish Pai

Rajammal Vs Sebastian Alias Manickan

State of Kerala Vs Radha

State of Kerala Vs Roy Mathew

State of Kerala Vs K.v.Gopakumaran Nair & Another

State of Kerala Vs Mary Josephine