Remanded

Varghese Koshy,Thavalathil House,Pta. v. State of Kerala,Rep.by Dist.Collector

Kerala HC1 Mar 2012LA.App./794/2005

Case brief

AI extract

What is this about?

The High Court allowed the appeal and remanded the matter to the Sub Court, Pathanamthitta. The court sought to give the appellant an opportunity to adduce further evidence to substantiate his claims under Section 18 and Section 31(2).

What did the court decide?

The impugned award is set aside; the case is remanded to the Sub Court with conditions, including forfeiture of court fee and no interest on enhanced compensation for the remand period.

Varghese Koshy,Thavalathil House,Pta. Vs State of… — Land Acquisition | Kerala HC (2012)

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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 HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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THURSDAY, THE 1ST DAY OF MARCH 2012/11TH PHALGUNA 1933

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LA.App..No. 794 of 2005 ( )

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LAR.12/1997 of SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA

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================

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APPELLANT/CLAIMANT:

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VARGHESE KOSHY,THAVALATHIL HOUSE VETTIPURAM, PATHANAMTHITTA TOWN AND DISTRICT.

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BY ADVS.SRI.T.M.ABDUL LATHEEF SRI.SIJU P.KURIAKOSE

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RESPONDENT(S):

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STATE OF KERALA,REP.BY DIST.COLLECTOR DISTRICT COLLECTOR, CIVIL LINES, PATHANAMTHITTA.

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BY Sr.GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR

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THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 01-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ

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LAA.No.794 of 2005

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Dated this the 1^st day of March, 2012

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JUDGMENT

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Pius C. Kuriakose, J

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Under challenge in this appeal preferred by the claimant is the award of the reference court, by which references under Section 31

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(2) and under Section 18 is answered in the negative. On going

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through the award, we find that it was for the reason that no evidence whatsoever was adduced by the appellant claimant that the learned Sub Judge became complied to answer the references in the negative.

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In the memorandum of appeal also, the prayer is there for passage of an order of remand. It was submitted by the learned senior Government Pleader that if the interest of the Government in the matter is taken care of, there will not by any serious objections for passing an order of remand.

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LAA No.794 .of 2005

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-:2:-

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Under the above circumstances, we feel that opportunity

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can be given to the appellant for substantiating his claim, both in the reference under Section 18 as well as in the reference under Section 31(2) subject to conditions.

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Accordingly, the result of the appeal will be as follows:-

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(1) The judgment and decree under appeal are set aside. LAR No.12/97 is remanded to the Sub Court, Pathanamthitta. The learned Sub Judge is directed to pass a revised award after giving opportunity to the appellant to produce what ever further evidence he is desirous of for substantiating his claims in the references.

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(2) The learned Sub Judge will pass a revised award in both

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the references on the basis of the entire evidence which comes on record. This order of remand will be subject to following conditions:-

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(a) The appellant will forfeit the court fee remitted on the appeal memorandum to the Government.

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LAA No.794 .of 2005

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-:3:-

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(b) In case the reference under Section 18 is answered in

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favour of the appellant, the appellant becomes eligible for enhanced compensation, over and above what was awarded by the Land Acquisition Officer, such enhanced compensation will not carry interest under Section 28 of the Land Acquisition Act for the period from 24/05/2003 till date, that is, 1/3/2012.

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sd/- PIUS C. KURIAKOSE

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sd/- A. V. RAMAKRISHNA PILLAI

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//TRUE COPY//

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P.A TO JUDGE

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krj

Varghese Koshy,Thavalathil House,Pta. v. State of Kerala,Rep.by Dist.Collector

Case brief

What is this about?

What did the court decide?

Varghese Koshy,Thavalathil House,Pta. v. State of Kerala,Rep.by Dist.Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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