In this land acquisition appeal, the appellant State challenged the land value fixed by the Sub Court. The State initially contended reliance on a non-final judgment, but admitted the judgment had become final. The Court dismissed the appeal.
Appeal dismissed.
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 BABU MATHEW P.JOSEPH
MONDAY, THE 8TH DAY OF APRIL 2013/18TH CHAITHRA 1935
LA.App..No. 830 of 2001 ( ) ----------------------------
AGAINST THE JUDGMENT IN LAR.254/1988 of II ADDL. SUB COURT,THIRUVANANTHAPURAM.
APPELLANT/RESPONDENT:
STATE OF KERALA
BY ADVS.GOVERNMENT PLEADERM (SRI. E.M. ABDUL KHADER)
RESPONDENTS/CLAIMANTS:
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 08-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. SIRI JAGAN & BABU MATHEW P. JOSEPH, JJ.
M.A.C.A. No.830 of 2001
Dated this the 8th day of April, 2013
JUDGMENT
Siri Jagan, J.
This appeal is filed by the State challenging the land value fixed, for the land acquired from the respondents herein, who are
the claimants in L.A.R. No.254/88 of the Sub Court, Thiruvananthapuram. The contention raised in the appeal is that the Sub Court has relied on Ext.A3 judgment in L.A.R.No.723 of 1988, which had not become final. But, the learned Government Pleader now admits that no appeal has been flied against Ext.A3 judgment and, therefore, Ext.A3 judgment has become final. That being so, this appeal deserves to be dismissed.
Accordingly, this appeal is dismissed.
Sd/S. SIRI JAGAN, JUDGE.
Sd/- BABU MATHEW P. JOSEPH, JUDGE.
krs.
// True copy //
P.S. to Judge.
1 issue framed by the court
Whether the appeal regarding the land value fixed is sustainable when the underlying judgment has become final.
1 provisions across 1 enactments
STATE OF KERALA
K. UNNI
C. PADMINI
S.SIRI JAGAN
BABU MATHEW P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
