The High Court of Kerala dismissed the land acquisition appeal filed by claimants, rejecting it on the basis that a prior government appeal on the same matter (LAA No.712/2007) had attained finality after a hearing on merits, thus precluding the right to a second hearing.
Full court fee refunded to the appellants or their counsel.
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 HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 20TH DAY OF MARCH 2012/30TH PHALGUNA 1933
LA.App.No.817 of 2005 (D)
(L.A.R.NO.51/2002 of SUB COURT,THODUPUZHA)
APPELLANT(S)/CLAIMANTS 2,3,5 TO 13::
BY ADV.SRI.V.G.ARUN
LA.App.No.817 of 2005 (D)
:2:
RESPONDENT(S)/RESPONDENT:: --------------------------
STATE OF KERALA, REPRESENTED BY THE DISTRIT COLLECTOR, IDUKKI. BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & A. V. RAMAKRISHNA PILLAI, JJ.
LAA No.817 of 2005.
Dated this the 20th day of March, 2012.
JUDGMENT
Pius C. Kuriakose, J .
This appeal is rejected in view of the judgment of this Court in LAA No.712/2007, which was an appeal preferred by the Government. We find that LAA No.712/2007 was decided on merits after hearing the claimants also. The above judgment has attained finality. Refund the full court fee on the appeal memorandum to the appellants or their counsel Shri V. G. Arun.
sd/- PIUS C. KURIAKOSE JUDGE
sd/-
A. V. RAMAKRISHNA PILLAI JUDGE
//TRUE COPY//
P.A TO JUDGE
krj
1 issue framed by the court
Whether the land acquisition appeal filed by claimants should be allowed in view of the final judgment in the corresponding government appeal.
Colour shows how this judgement treated each authority
LAA No.712/2007Followed¶39
CHINNAMMA, ANNAMMA, P.T. JOSE, P.T. THOMAS, P.T. GEORGE THOMAS, MOLLY, ROSAMMA, LIZZAMMA, JOHNS T., P.T. MATHEW ALIAS MATHACHAN, ELIZABETH
STATE OF KERALA
PIUS C. KURIAKOSE
A. V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
