Dismissed

State of Kerala v. Pacha Yesoda

Kerala HC9 Jan 2013LA.App./1664/2007

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal filed by the State of Kerala against a compensation award in a land acquisition for stadium construction. The court held that since an appeal by the requisitioning authority challenging the same award was previously dismissed on merits, the current appeal could not stand.

What did the court decide?

The appeal was dismissed with no order as to costs.

State of Kerala Vs Pacha Yesoda — Land Acquisition | Kerala HC (2013)

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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 HARUN-UL-RASHID

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WEDNESDAY, THE 9TH DAY OF JANUARY 2013/19TH POUSHA 1934

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LA.App..No. 1664 of 2007 (A)

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AGAINST THE JUDGMENT IN LAR.116/2000 OF SUB COURT, PAYYANNUR DATED 29-10-2004

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APPELLANT/IST RESPONDENT IN LAR:

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STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, LA, THALASSERY.

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BY GOVERNMENT PLEADER

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RESPONDENTS/CLAIMANT & 2ND RESPONDENT IN LAR:

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PACHA YESODA, W/O.NARAYANAN, PACHA HOUSE,KOROM,PAYYANNUR.

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THE SECRETARY, PAYYANNUR MUNICIPALITY, PAYYANNUR.

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R2 BY ADV. SRI.M.SASINDRAN

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THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 09-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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LA.App..No. 1664 of 2007 (A)

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ORDER ON I.A.NO.4344/2007

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DISMISSED.

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9.1.2013.

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SD/- HARUN-UL-RASHID, JUDGE.

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// TRUE COPY //

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P.A TO JUDGE.

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HARUN-UL-RASHID, J.

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L.A.A.No.1664 Of 2007

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Dated this the 9^th day of January, 2013.

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J U D G M E N T

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State of Kerala is the appellant. The appeal is directed against the judgment and decree dated 29.10.2004 in L.A.R.No.116/2000 on the file of the Sub Court, Payyannur.

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The property belonging to the claimant 1^st respondent was acquired for the purpose of construction of Stadium at Payyannur. The requisitioning authority, namely, Payyannur Municipality preferred appeals against the very same award and other connected cases. This Court by judgment dated 24.6.2009 dismissed the appeals preferred by the requisitioning authority finding that the compensation awarded is just and reasonable and no interference is necessary. The appeal preferred against L.A.R.No.116/2000 was numbered as L.A.A.No.1108/2005. In view of the dismissal of the appeal filed challenging the very same award, the present appeal also cannot stand.

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The appeal is devoid of any merit and accordingly, dismissed. No order as to costs.

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HARUN-UL-RASHID, Judge.

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bkn/-

State of Kerala v. Pacha Yesoda

Case brief

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State of Kerala v. Pacha Yesoda

Case brief

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