State appealed enhanced land value fixed by Sub Court under Land Acquisition Act. Court noted prior confirmation of land value for comparable properties in other appeals and dismissed the appeal on same grounds.
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 S.SIRI JAGAN &
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 8TH DAY OF NOVEMBER 2013/17TH KARTHIKA, 1935
LA.App..No. 1104 of 2009 ( )
AGAINST THE JUDGMENT & DECREE IN LAR 197/1998 OF PRL. SUB COURT, KOZHIKODE DATED 31-10-2007
APPELLANT/RESPONDENT :
STATE OF KERALA, REPRSENTED BY THE SPECIAL TAHSILDAR (LA) KOZHIKODE.
BY GOVT. PLEADER SRI. P.P. PADMALAYAN
RESPONDENT(S)/CLAIMANTS :
1. C.K.PARANGODAN @ KUTTIMON, KALATHINTHODI, P.O. MANNUR
2. C.K.MADHAVAN, KALATHINTHODI, P.O. MANNUR.
3. C.K. VENUGOPALAN, KALATHINTHODI, P.O. MANNUR.
*4. CHALOOR KUPPADAM KARTHIAYANI, P.O. MANNUIR. (DIED)
5. C.K. SIVADASAN, KALTHINTHODI, P.O.MANNUR.
*RESPONDENTS 1, 2, 3 AND 5 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF DECEASED R4 VIDE ORDER DTD. 19/10/2012 IN IA 1252/12.
R1 TO R3 & R5 BY ADV. SRI.THOMAS ANTONY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
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L.A.A.No. 1104 of 2009
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Dated this the 8th day of November, 2013 J U D G M E N T
S.Siri Jagan, J.:
The State is the appellant in this appeal. Certain properties belonging to the respondents herein were acquired by the State as per a notification dated 19.12.1991 issued under Section 4(1) of the Land Acquisition Act. The land acquisition officer fixed land value at 4,771/- per cent. The Subordinate Judge, Kozhikode, in L.A.R.No.197/1998, on reference to that court, enhanced the land value to 15,000/- per cent. The State has filed this appeal challenging the land value fixed by the Sub Court. It is now admitted by both sides that in a batch of appeals, two of which are L.A.A.Nos.877/2006 and 666/2006, this Court has already confirmed the land value for comparable properties. In the above circumstances, following those judgments, this appeal is dismissed.
Sd/S.SIRI JAGAN, JUDGE
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Sd/K.RAMAKRISHNAN, JUDGE ///True copy///
P.A. to Judge
1 issue framed by the court
Whether the enhanced land value fixed by the Subordinate Judge should be upheld given the State's challenge.
1 provisions across 1 enactments
STATE OF KERALA, REPRSENTED BY THE SPECIAL TAHSILDAR (LA) KOZHIKODE
C.K.PARANGODAN
C.K.MADHAVAN
C.K. VENUGOPALAN
S.SIRI JAGAN
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
