IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1614 of 2008()
1. THE GENERAL MANAGER,
... Petitioner
Vs
1. MADMULLATHIL PUZHAKKAL SAROMMA,
... Respondent
2. THE GOVERNMENT OF KERALA, REP.BY
For Petitioner :SRI.D.KRISHNANKUTTY PILLAI
For Respondent :GOVERNMENT PLEADER(NO MEMO)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :25/11/2008
O R D E R
PIUS.C.KURIAKOSE,J.
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L.A.A.No. 1614 OF 2008
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Dated this the 25th day of November, 2008
JUDGMENT
Service is completed. No appearance for the 1st respondent
claimant. I had occasion to deal with other cases pertaining to
the acquisition pursuant to the very same section 4(1)
notification in the same village and for the same purpose. By the
common judgment in L.A.A.No.1452/2008 series, I set aside the
judgment and decree of the court below and remanded the
matter to the court below for taking fresh decision. In view of
the reasons stated in my judgment in L.A.A. 1452/2008 series,
the impugned judgment in this case is also liable to be interfered
with.
Accordingly, appeal will stand allowed. Judgment and
decree under appeal are set aside and L.A.R. No.261/2005 is
remanded to the court below for fresh decision in the light of the
observations contained in my common judgment in L.A.A.
No.1452/2008. The court below will give opportunity to both
L.A.A..No.1614/2008 2
sides to adduce further evidence and will take fresh decision in
the light of the entire evidence which comes on record at the
earliest and at any rate within four months of the parties entering
appearance pursuant to the order of remand. Refund full court
fee paid on the appeal memo to the counsel for the appellant.
(PIUS.C.KURIAKOSE,JUDGE)
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