Remanded

Sasidharan Nair v. State of Kerala and Another

Kerala HC6 Jan 2011LA.App./913/2010

Case brief

AI extract

What is this about?

In a land acquisition appeal, the Kerala High Court held it was unnecessary to decide the merits. The court remitted the proceedings to the Subordinate Judge for appropriate corrections regarding land classification and interest awards.

What did the court decide?

Both sides permitted to move the learned Subordinate Judge for appropriate corrections of the judgment and decree.

Sasidharan Nair Vs State of Kerala and Another — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE &

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THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN

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WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931

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LA.App..No. 913 of 2010()

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------------------------LAR.312/2000 of ADDL.SUB COURT,PARAVUR

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APPELLANT(S): CLAIMANT

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SASIDHARAN NAIR,S/O.GOPALAN NAIR, ATTUPARATH,IRAPURAM.

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BY ADV. SRI.K.A.MANZOOR ALI

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RESPONDENT(S):

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STATE OF KERALA,REP BY GOVT.PLEADER, HIGH COURT OF KERALA.

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MANAGING DIRECTOR,RUBBER PARK OF INDIA(P)LTD,6TH FLOOR,PENTA TOWERS,COCHIN-17.

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ADV. SRI.SAJI VARGHESE FOR R2

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MARIYAM MATHAI FOR R2

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

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2011, 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.No. 913 OF 2010

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Dated this the 6^th day of January, 2011

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JUDGMENT

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Pius C.Kuriakose, J.

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Even though several grounds have been raised in this appeal challenging the judgment of the Land Acquisition Reference Court, the final submission of Mr.K.A.Manzoor Ali, learned counsel for the appellant, was that the court below committed the mistake of treating the property under acquisition as a wet land while, as a matter of fact, it is dry land. According to him, placing reliance on the very judgment relied on by the Reference Court, the appellant could have been awarded more than what is presently awarded on the basis that property is dry land.

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Sri.V.T.K.Mohanan, learned Government Pleader submitted that the court below has committed the mistake of awarding interest during the period despite an order by this court in an earlier appeal that interest will not run under Section 28 during that period.

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Having considered the submissions addressed at the Bar,

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L.A.A.No.913/2010

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we are of the view that it is not necessary that this court entertains this appeal. We permit both sides to move the learned Subordinate Judge for appropriate corrections of the judgment and decree.

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PIUS C.KURIAKOSE,JUDGE

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N.K.BALAKRISHNAN, JUDGE

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dpk

Sasidharan Nair v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Sasidharan Nair v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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