The Kerala High Court dismissed the land acquisition appeal filed by the State without prejudice to the claims raised in the claimant's appeal, relying on a related judgment concerning acquisition of another category of land under the same notification.
The appeal was dismissed without prejudice to the claims raised in the claimant's appeal.
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 N.K.BALAKRISHNAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932
LA.App..No. 1131 of 2009()
-----------------------------------LAR.27/2005 of I ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT(S)/RESPONDENTS :-
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1. STATE OF KERALA REP.BY DISTRICT COLLECTOR, TRIVANDRUM.
2. THE EXECUTIVE ENGINEER, PWD (ROADS), TRIVANDRUM.
SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN ADDL.ADVOCATE GENERAL
RESPONDENT(S)/CLAIMANTS :-
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1. V.KRISHNAN ASARI, USHA SADANAM, KALLUVETTANKUZHY, VENGANOOR P.O., NOW RESIDING AT KRISHNA BHAVAN, TC 48/625, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM.
2. K.VIKRAMAN, S/O.KOCHUKRISHNAN, RESIDING AT THAVALOTHU VEEDU, MUTTATHARA, IRANIMUTTOM, THIRUVANANTHAPURAM.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. No.1131 of 2009
Dated this the 1st day of February 2011
J U D G M E N T
Pius C. Kuriakose, J.
Smt.Latha T. Thankappan, the learned Senior Govt. Pleader fairly submits that in view of the judgment in L.A.A.No.399/2009 which pertains to acquisition of another category of land pursuant to the same notification, it may be difficult for the Government to successfully assail the impugned award.
Hence this appeal is dismissed, however without prejudice to the claims raised in the claimant's appeal.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
Jvt
STATE OF KERALA REP.BY DISTRICT COLLECTOR, TRIVANDRUM
THE EXECUTIVE ENGINEER, PWD (ROADS), TRIVANDRUM
V. KRISHNAN ASARI
K. VIKRAMAN
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
