This court dismissed the State of Kerala's Land Acquisition Appeal challenging a Sub Court's land value fixing. The court held that since the appeal against the identical judgment (LAR 332/1997) was dismissed by this Court, there was no scope for proceeding further.
L.A.A. No.849 of 2002 and C.M. Application No.4072 of 2002 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
WEDNESDAY, THE 10TH DAY OF APRIL 2013/20TH CHAITHRA 1935
LA.App..No. 849 of 2002 ( )
AGAINST THE JUDGMENT AND DECREE IN LAR.328/1997 OF SUB COURT,NORTH PARAVUR DATED 9.1.2001
APPELLANT/RESPONDENT:
STATE OF KERALA.
BY GOVERNMENT PLEADER
BY SRI.RAJAN JOSEPH, ADDL.A.G.
RESPONDENT/CLAIMANT:
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
cms
S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.
L.A.A.No.849 OF 2002 & CM Appl.No.4072 of 2002
Dated this the 10th day of April, 2013
JUDGMENT
SIRI JAGAN. J.
The LAA is filed by the State challenging the judgment of the Sub Court, North Paravur in LAR No.328 of 1997 along with C.M.Application to condone delay of 335 days in filing the same. It is now clear that the Sub Court has fixed the land value based on Ext.A1 certified copy of judgment in LAR No.332 of 1997 of the same Court. The Government Pleader admits that the appeal filed against that LAR namely, LAA No.1482 of 2002 has been dismissed by this Court. Therefore, there is no point in prosecuting this appeal further. Accordingly, the CM Application and appeal are dismissed.
S.SIRI JAGAN, JUDGE
BABU MATHEW P.JOSEPH, JUDGE
cms
S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.
----------------------------------L.A.A.No.849 OF 2012 & CM Appl.No.4072 of 2002
JUDGMENT
10.4.2013
1 issue framed by the court
Whether the present Land Acquisition Appeal should be prosecuted when the appeal against the same land value assessment judgment has been dismissed.
STATE OF KERALA
MOOTHEDATH TRUST
S.SIRI JAGAN
BABU MATHEW P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
