The High Court allowed the State’s appeal against the Sub Court’s land acquisition reference judgment. It set aside the impugned judgment and remitted the matter to the reference court for a fresh decision due to the underlying precedent having been quashed.
Impugned judgment set aside; matter remitted to Sub Court, Pathanamthitta for fresh decision.
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 THOMAS P.JOSEPH
MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935
LA.App..No. 537 of 2012 (D)
AGAINST THE JUDGMENT AND DECREE IN LAR 372/2005 of SUB COURT, PATHANAMTHITTA DATED 18-02-2011
APPELLANTS/RESPONDENTS IN LAR:
BY GOVERNMENT PLEADER SRI.A.J.JOSE
RESPONDENT/CLAIMANT IN LAR:
PAPPACHAN, KINARU VILAYIL, CHATHANNOOPUZHA MURI - 689 645
R1 BY ADV. SRI.T.K.KOSHY R1 BY ADV. SRI.ABE RAJAN
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ab
THOMAS P.JOSEPH, J.
========================= L.A..A. No. 537 of 2012
============================ Dated this the 2nd day of September, 2013
J U D G M E N T
This appeal is at the instance of the State against
judgment and decree of the Sub Court, Pathanamthitta in LAR No. 372 of 2005.
pursuant to Sec.4(1) notification dated 07.01.2003. The Land Acquisition Officer (for short, “the LAO”) fixed land value at Rs.2980/- per Are. On a reference, the reference court fixed land value at Rs. 14,000/- per Are based on Ext.A1, judgment in LAR No. 29 of 2006. The State is aggrieved and has preferred this appeal.
LAA No.537 of 2012
2
reference court for fresh decision.
Resultantly, this appeal is allowed by way of remand as under:
LAA No.537 of 2012
3
Sd/-
THOMAS P.JOSEPH, JUDGE
Smv
//True copy//
P.A. To Judge
2 issues framed by the court
Whether the land acquisition reference judgment based on a quashed precedent warrants remand for fresh decision.
Whether the set-aside of the earlier reference judgment justifies remitting the present appeal.
STATE OF KERALA
PAPPACHAN
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
