This review petition, filed by the State, sought interference in a verdict granting land enhancement to claimants in road construction. The Court held there was no merit as Lok Adalath settlements did not affect the right to claim enhancement, declining interference and dismissing the review.
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 P.R.RAMACHANDRA MENON
& THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937
RP.No. 121 of 2014
AGAINST THE JUDGMENT IN LA.App. 16/2006 of HIGH COURT OF KERALA DATED 27-03-2012 AGAINST JUDGMENT & DECREE IN LAR 11/2004 OF SUB COURT IRINJALAKUDA
REVIEW PETITIONER/1ST RESPONDENT IN LAA:
THE STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE AYYANTHOLE, THRISSUR.
BY GOVERNMENT PLEADER ALOYSIUS THOMAS
RESPONDENTS/APPELLANTS & 2ND RESPONDENT IN LAA:
1. GEORGE S/O.NEELANKAVIL VARKEY KALLETUMKARA VILLAGE & DESOM, MUKUNDAPURAM TALUK 691585
2. BABY, W/O. GEORGE, NEELAMKAVIL HOUSE, KALLETUMKARA VILLAGE & DESOM, MUKUNDAPURAM TALUK - 691 585
3. THE MANAGING DIRECTOR, KERALA ROADS AND BRIDGES DEVELOPMENT CORPORATION ERNAKULAM.682 011
R1,2 BY SRI.G.SREEKUMAR CHELUR R3 BY SRI.SHYSON P.MANGUZHA
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 1012-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
kp/-
P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ.
===================================== R.P. No. 121 of 2014
against L.A.A. No. 16 of 2006
Dated this the 10th day of December, 2015
ORDER
RAMACHANDRA MENON,J
This review petition is sought to be filed by the State, seeking to interfere the verdict already passed by this Court on 27.3.2012 in appeal mainly contending that, the matters were already settled before the Lok Adalath and hence the enhancement ought not to have been awarded in the appeals preferred by the claimants.
R.P.No.121 of 2014
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passed on 27.3.2012, granting further enhancement to the extent as mentioned in the verdict, with all statutory benefits flowing therefrom. This is sought to be reviewed at the instance of the State contending that the matter had already been settled in the Lok Adalath proceedings and as such, no interference ought to have been made in the appeal preferred by the claimants.
In the above circumstances, nothing further requires to be considered in this review petition. We do not find any reason to
R.P.No.121 of 2014
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deviate from the view already expressed by this Court as per the order dated 23.9.2015 in R.P.No.1016 fo 2013 and connected cases. There is no error apparent on the face of the record so as to invoke the power of review. Interference is declined and the review petition stands dismissed.
P.R. RAMACHANDRA MENON,
JUDGE
ANIL K. NARENDRAN,
JUDGE
kp/-
3 issues framed by the court
Whether a Lok Adalath settlement regarding execution of award bearing on the right to claim land enhancement.
Whether any error is apparent on the face of record to invoke power of review.
Whether the review petition filed by the State has any merit.
The State of Kerala Rep. by the District Collector, Thrissur
George S/o. Neelankavil Varkey Kalletumkara
Baby W/o. George
The Managing Director, Kerala Roads and Bridges Development Corporation
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
