Remanded

State of Kerala v. Biju Ramesh & Another

Kerala HC23 Mar 2011LA.App./722/2010

Case brief

AI extract

What is this about?

In a land acquisition appeal, the High Court of Kerala set aside the judgment and decree challenging a land acquisition for an Electronic Technology Park. The Court remanded the matter to the Sub Court to take a fresh decision in light of its common judgment L.A.A.1332/08 series, allowing parties to adduce further evidence.

What did the court decide?

The impugned judgment and decree in LAR.353/06 set aside and remanded to the Second Additional Sub Court, Thiruvananthapuram for a fresh decision.

State of Kerala Vs Biju Ramesh & Another — Land Acquisition | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933

¶4

LA.App..No. 722 of 2010 --------------------------LAR.353/2006 of II ADDL.SUB COURT,TRIVANDRUM ....................

¶5

APPELLANT(S): RESPONDENT

¶6

¶7

STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

¶8

BY GOVERNMENT PLEADER SMT.T.T.JOSEPHINA

¶9

RESPONDENT(S): CLAIMANTS & RESPONDENT NO2.

¶10

¶11

BIJU RAMESH, "SAMTHRIPTHI", KOTTAKKAKAM, THIRUVANANTHAPURAM.

¶12

THE CHIEF EXECUTIVE OFFICER, TECHNOLOGY PARK,KARAYAVATTOM, THIRUVANANTHAPURAM.

¶13

ADV. SRI.G.S.REGHUNATH FOR R2 SRI.P.A.AHAMMED FOR R2 SRI.THOUFEEK AHAMED FOR R2

¶14

THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

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

¶16

L. A. A. No.722 of 2010

¶17

Dated this the 23^rd day of March, 2011

¶18

JUDGMENT

¶19

Pius C. Kuriakose, J

¶20

This appeal filed by the Government pertains to

¶21

acquisition of land in Attipra village for the purpose of Electronic Technology Park at Kazhakoottam in Thiruvananthapuram District pursuant to Section 4(1) notification published on 17/12/03. We notice the judgment of this Court in LAA.1332/08 series. In view of the reasons stated in that judgment, the impugned judgment and decree are liable to be interfered with. We set aside the judgment and decree under appeal and remand LAR.353/06 to the Second Additional Sub Court, Thiruvananthapuram. That court is directed to take a fresh decision in the matter keeping in mind the observations contained in the common

¶22

L. A. A. No.722 of 2010 -2-

¶23

judgment of this Court in L.A.A.1332/08 series. All parties will be permitted to adduce further evidence. Either the Government or the Requisitioning Authority will place a copy of the common judgment in L.A.A.1332/08 series before the Reference Court. The learned Subordinate Judge will pass the revised judgment on the basis of the entirety of the evidence which comes on record.

¶24

PIUS C. KURIAKOSE JUDGE

¶25

N. K. BALAKRISHNAN JUDGE

¶26

kns/-

State of Kerala v. Biju Ramesh & Another

Case brief

What is this about?

What did the court decide?

State of Kerala v. Biju Ramesh & Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

George Thomas Vs State of Kerala

Muraleedharan Vs State of Kerala

N.Katheem Vs C.K.Lakshmanan

Inland Waterways Authority of India Vs Norbert and Others

State of Kerala Vs Indira Bhai and Another

State of Kerala Vs P.a.Pappachan