IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 678 of 2008(D)
1. SASIDHARAN NAIR, S/O.GOPALAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
2. MANAGING DIRECTOR, RUBBER PARK OF INDCIA
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :03/02/2009
O R D E R
PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ.
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L.A.A.No.678 OF 2008
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Dated this the 3rd day of February, 2009
JUDGMENT
Pius C.Kuriakose, J.
Having heard the submissions of Sri. Babu Joseph
Kuruvathazha, learned counsel for the appellant and those of
Sri.Basant Balaji, the learned senior Government Pleader
appearing for the State and Sri.M.Pathrose Mathai, learned senior
counsel for the requisitioning authority, we feel that the
appellant should be afforded an opportunity to substantiate his
claim for enhanced compensation before the reference court.
Accordingly, we set aside the judgment under appeal and remand
L.A.R. No.312/2000 to the files of the Principal Sub Judge,
N.Paravur. That court will special list the L.A.R. for trial in the
earliest available special list and dispose of the same in
accordance with law giving opportunity to both sides to adduce
whatever evidence they have at their command as early as
possible. In view of the order of remand, we order further that
the entire court fee remitted by the appellant on the
memorandum of appeal be refunded to the learned counsel for
L.A.A..No.678/2008 2
the appellant.
The office is directed to Annexe true copy of the order
passed in C.M.Appln. 771/2008 (delay petition) with this
judgment.
PIUS.C.KURIAKOSE,JUDGE
M.C.HARI RANI, JUDGE
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