IN THE HIGH COURT OF KERALA AT ERNAKULAM
RSA.No. 461 of 2009()
1. THE KERALA STATE ELECTRICITY BOARD,
... Petitioner
2. THE DEPUTY CHIEF ENGINEER, GENERATION
Vs
1. TATA TEA LIMITED, A PUBLIC LTD. COMPANY,
... Respondent
For Petitioner :SRI. ASOK M.CHERIYAN, SC, KSEB
For Respondent :SRI.JOSEPH KODIANTHARA
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :02/11/2009
O R D E R
THOMAS P.JOSEPH, J.
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R.S.A. NO.461 of 2009
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Dated this the 2nd day of November, 2009
J U D G M E N T
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Admit.
2. The following substantial question of law is framed for a
decision.
Is the suit maintainable in view of Section
14 of the Kannan Devan Hills (Resumption of
Lands) Act, 1971 which bars the jurisdiction of
Civil Court?
3. Respondent appears through Advocate Joseph Kodianthara.
4. Respondent/plaintiff filed the suit for a decree for
prohibitory injunction against the appellant and won in the courts
below. Hence the Second Appeal at the instance of defendant raising
the above substantial question of law.
5. It is submitted by counsel for respondent that subsequent
to the judgment and decree of the first appellate court, the suit
property has been acquired by the State Government for and on behalf
of the appellant, possession of the property has been handed over to
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the appellant and hence the suit has become infructuous.
6. The Senior Manager of respondent has filed an affidavit to
the effect that the suit property has been acquired by the State
Government and possession has been handed over to the appellant.
In the above circumstances suit has become infructuous. What is
required is only to set aside the judgment and decree of the courts
below and dismiss the suit as infructuous.
Resultantly, appeal is allowed. Judgment and decree of the
courts below are set aside and suit is dismissed as infructuous. No
costs.
THOMAS P.JOSEPH, JUDGE.
vsv
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THOMAS P.JOSEPH, J.
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R.S.A. NO.461 of 2009
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J U D G M E N T
2ND NOVEMBER, 2009