The High Court of Kerala dismissed two land acquisition appeals filed by the requisitioning authority, holding that the issues raised were covered by earlier precedents.
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
MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932
LA.App..No. 134 of 2008() ---------------------------------LAR.240/2004 of PRINCIPAL SUB COURT, NORTH PARAVUR ....................
APPELLANT(S)/ADDL. 2ND RESPONDENT :-
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KOCHI REFINERIES LTD., (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY.)
BY ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR
RESPONDENT(S)/CLAIMANTS & 1ST RESPONDENT :-
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1. NEELAKANTAN NAIR, S/O. KESAVAN NAIR, AREDATH, ETTIKKARA, AMBALAMEDU.
2. SOBHA KUMARI, C/O. MADHAVAN NAIR,
3. JANAKI AMMA, PALAKKATTU, C/O. PANKAJAKSHAN, PARAKKATTIL, PUTHENCRUZ P.O.
4. STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), KOCHI REFINERIES LTD., VYTTILA.
GOVT. PLEADER SMT.T.T.JOSEPHINA ADV. SRI.T.P.MURALEEDHARAN FOR R2-3 SRI.S.SHYAM FOR R2-3
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011 ALONG WITH LAA NO. 189 OF 2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. Nos.134 & 189 of 2008
Dated this the 31st day of January 2011
J U D G M E N T
Pius C. Kuriakose, J.
Smt.T.T.Josephina, the learned Senior Govt. Pleader submits that issue raised in these appeals filed by the Requisitioning Authority is covered as against the Requisitioning Authority and the Government by judgment of this Court in L.A.A.No.273/2007 and L.A.A.No.875/2007 and other cases.
Under the above circumstance, both these appeals will stand dismissed. However, there will be no order as to costs.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, JUDGE.
Jvt
KOCHE REFINERIES LTD. (NOW BHARAT PETROLEUM CORPORATION LTD., KOCHI REFINERY)
NEELAKANTAN NAIR
SOBHA KUMARI
JANAKI AMMA
STATE OF KERALA
PIUS C. KURIAKOSE
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
