The High Court of Kerala disposed of a land acquisition appeal filed by the State, holding that the fixed rate was not excessive given the property's locational importance near Changanacherry municipal town and dismissing the appeal in limine.
The appeal is dismissed in limine.
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 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932
LA.App..No.179 of 2011(D)
-----------------------------------LAR.20/2006 of PRL.SUB COURT,KOTTAYAM
APPELLANT(S): RESPONDENT NO.1 IN LAR:
STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.
BY GOVERNMENT PLEADER (SR.) SMT.LATHA T. THANKAPPAN
RESPONDENT(S)/CLAIMANT AND RESPONDENT NO.2 IN LAR:
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & N. K. BALAKRISHNAN, JJ.
L. A. A. No.179 of 2011
Dated this the 28th day of February, 2011
JUDGMENT
Pius C. Kuriakose, J
This appeal by the Government pertains to acquisition
of land in Thrikkodithanam village for the purpose of construction of Electricity Sub Station in the transmission Division, Poovanthuruth, Kottayam. Several attractive grounds are raised in this appeal and Smt.Latha T. Thankappan, the learned Senior Government Pleader addressed arguments on the basis of those grounds. However, having carefully gone through the impugned judgment and having taken into account the locational importance of the acquired property which is situated in a very important area of Thrikkodithanam village, a village
very close to Changanacherry municipal town, we feel that
L. A. A. No.179 of 2011
-2-
the rate fixed under the impugned judgment is not excessive. Hence, we are not inclined to entertain this appeal. The appeal is dismissed in limine.
PIUS C. KURIAKOSE JUDGE
N. K. BALAKRISHNAN JUDGE
kns/-
1 issue framed by the court
Whether the rate fixed under the impugned judgment for land acquisition was excessive.
State of Kerala, represented by the District Collector, Kottayam
R. Srinivasan
The Executive Engineer, Electrical Transmission Division K.S.E.B. Poovanthuruthu, Kottayam
Pius C. Kuriakose
N. K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
