The Government appealed against an enhancement of compensation under the Land Acquisition Act. The High Court dismissed the appeal, holding that the subordinate judge's reliance on a previously affirmed judgment (Ext.A1) was justified.
Appeal of the Government dismissed without any order as to cost.
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
FRIDAY, THE 23RD DAY OF MARCH 2012/3RD CHAITHRA 1934 LA.App..No. 902 of 2008 ( ) --------------------------LAR.181/1998 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT(S)/RESPONDENT:
STATE OF KERALA, REP. BY THE SPECIAL TAHSILDAR, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
RESPONDENT(S)/CLAIMANT: -----------------------
ABUBACKER KUNJU, FATHIMA MANZIL, NEDUMON, KOVALAM P.O. BY ADV. SRI.M.RAJASEKHARAN NAYAR BY ADV. SMT.K.N.RAJANI BY ADV. SRI.RADHIKA RAJASEKHARAN P. BY ADV. SMT.ANILA PETER
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 2303-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE & A.V.RAMAKRISHNA PILLAI, JJ.
LAA. No. 902 of 2008
Dated this the 23rd day of March, 2012
J U D G M E N T
Pius C.Kuriakose, J.
The Government is in appeal. It was by relying on Ext.A1 judgment that the learned Subordinate Judge enhanced the compensation. Having gone through the impugned judgment we are convinced that the reliance placed by the learned Subordinate Judge on Ext.A1 was justified. We are come to understand that Ext.A1 was confirmed by this Court in LAA. No. 665 of 2003. Inview of that judgment, we dismiss this appeal, however, without any order as to cost.
(PIUS C.KURIAKOSE, JUDGE)
(A.V.RAMAKRISHNA PILLAI, JUDGE)
ksv/-
-2-
1 issue framed by the court
Whether the enhancement of compensation by the subordinate judge was justified by relying on Ext.A1.
State of Kerala
Abubacker Kunju
Pius C.Kuriakose
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
