Allowed

State of Kerala v. Premakumary

Kerala HC10 Jan 2011LA.App./678/2010

Case brief

AI extract

What is this about?

The High Court, Ernakulam allowed land acquisition appeals filed by the State of Kerala against awards regarding Varkala Municipal bus stand. The appeal was allowed subject to the deposit of 30% of the award amount within four months, with the matter remanded for a fresh decision.

What did the court decide?

Appeals allowed; impugned awards set aside; cases remanded to Subordinate Judge's Court, Attingal, for fresh decision conditional on deposit of 30% of decree debt within four months.

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

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932

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LA.App..No. 678 of 2010() ------------------------LAR.47/2004 of PRINCIPAL SUB COURT,ATTINGAL ....................

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APPELLANT(S): RESPONDENT -----------------------STATE OF KERALA.

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BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN

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RESPONDENT(S): CLAIMANT -R2 IN LAR

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PREMAKUMARY, SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR PO. (DIED).

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SURESH, RESIDING AT SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR P.O.

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SURAJ, RESIDING AT SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR P.O.

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SUDHI, RESIDING AT SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR P.O.

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SUJA, RESIDING AT SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR P.O.

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SUJI, RESIDING AT SURESH BHAVAN, NILAKKAMUKKU, KADAKKAVOOR P.O.

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THE SECRETARY, VARKALA MUNICIPALITY.

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ADV. SRI.J.S.AJITHKUMAR FOR R7 SRI.R.S.KALKURA FOR R3-6

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2011, ALONG WITH L.A.A.NO.655/2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C.KURIAKOSE & N.K.BALAKRISHNAN, JJ.

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L.A.A.Nos. 655 & 678 OF 2010

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Dated this the 10^th day of January, 2011 JUDGMENT

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Pius C.Kuriakose, J.

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Both these appeals preferred by the Government are directed against the award of the Land Acquisition Reference Court at Attingal. The appeals pertain to acquisition of land for the purpose of construction of Municipal bus stand at Varkala.

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Our attention is drawn by Sri.J.S.Ajithkumar, learned standing counsel for Varkala Municipality to earlier judgments of this court pertaining to the same acquisition. It is not disputed that similar awards were set aside by this court imposing a condition that 30% of the amounts due under the impugned award should be deposited. We do not find any reason as to why the same course should not be followed in this case.

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Under these circumstances, we allow both the appeals setting aside the judgments and decree impugned and remand LAR Nos. 25/2004 & 47/2004 to the Subordinate Judge's Court, Attingal for fresh decision after affording opportunity to both

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LAA.Nos.655 & 678/2010 2

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sides to adduce whatever further evidence they want to. But we make it clear that this judgment remanding the cases to the trial court will become operative only if 30% of the decree debt due as on today is deposited before the Execution Court within four months from today. Once the Reference Court notices such deposit on time, that court will post the LARs for evidence giving opportunity to both sides to adduce further evidence and then take a fresh decision in the light of the evidence already on record and further evidence which may comes on record. The learned Subordinate Judge will expedite matters and ensure that matters are disposed of finally at the earliest.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

State of Kerala v. Premakumary

Case brief

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State of Kerala v. Premakumary

Case brief

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