Remanded

Sarasakumari v. State of Kerala

Kerala HC1 Feb 2011LA.App./1015/2010

Case brief

AI extract

What is this about?

The Kerala High Court set aside the Land Acquisition Reference Court award which was passed in the absence of the claimant. The matter is remanded to the Reference Court to afford both parties an opportunity to adduce evidence. An exception to statutory interest is carved out for the period before the revised award.

What did the court decide?

The judgment of the Reference Court and decree are set aside; L.A.R. No. 218/1998 is remanded for a fresh hearing allowing evidence from both parties; parties to appear on 28.2.2011.

Sarasakumari Vs State of Kerala — Land Acquisition | Kerala HC (2011)

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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 N.K.BALAKRISHNAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932

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LA.App..No. 1015 of 2010(C) ------------------------------------LAR.218/1998 of ADDL.SUB COURT,KOLLAM ....................

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APPELLANT(S)/CLAIMANT :-

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

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SARASAKUMARI, THEVANATHU VADAKKETHIL, PALLISSERIKAL MURI, SASTHAMCOTTA VILLAGE.

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BY ADV. SRI.K.SASIKUMAR SRI.S.SREEDUTT

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RESPONDENT(S)/ESPONDENT :-

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

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

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SR.GOVT. PLEADER SMT.LATHA T. THANKAPPAN

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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jvt

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PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ. ---------------------------------L.A.A. No.1015 of 2010

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Dated this the 1^st day of February 2011

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J U D G M E N T

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Pius C. Kuriakose, J.

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Under challenge in this appeal preferred by the claimant is the award of the Land Acquisition Reference Court confirming the award passed by the L.A.Officer. Even though the impugned award purports to be one on merits, on the day it was passed neither the claimant nor his counsel were present. The argument of Mr.K.Sasikumar, the learned counsel for the appellant is that the counsel could not have been present as he had become totally incapacitated due to a motor accident in which he was involved a few days before. The appellant could not be present as he had no information regarding the

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posting of the case in the special list. The above

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L.A.A. No.1015 of 2010

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-: 2 :-

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submissions of Sri.Sasikumar was not disputed by the learned Senior Govt. Pleader.

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Under these circumstances, we are inclined to afford opportunity to the appellant to substantiate his claims before the Reference Court. At the same time, we do not want the Government to suffer by way of statutory interest under Section 28 during the interregnum between the impugned award and the revised award which to be passed by the Reference Court. Result to the above discussion accordingly will be as follows:-

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The judgment of the Reference Court and decree are set aside. L.A.R.No.218/1998 is remanded to the Addl. Sub Court, Kollam. That Court is directed to afford one opportunity each to the parties for adducing whatever evidence they want and to pass a revised judgment on the basis of evidence which comes on record. The parties will enter appearance before the Reference Court on 28.2.2011. In case the reference comes to be answered in favour of the

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L.A.A. No.1015 of 2010

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-: 3 :-

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appellant and the appellant becomes liable for enhanced compensation, such enhanced compensation will not carry interest otherwise admissible under Section 28 of the L.A.Act during the period from 4.11.2005 till the date of the revised award to be passed by the Reference Court. The Registry will not refund the court fee portion already remitted by the appellant on the appeal memo.

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PIUS C. KURIAKOSE, JUDGE.

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N.K.BALAKRISHNAN,

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Jvt

Sarasakumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sarasakumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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