The Managing Director vs Smt. V.P.Zeenath on 22 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 532 of 2009()


1. THE MANAGING DIRECTOR, KSIDC,
                      ...  Petitioner

                        Vs



1. SMT. V.P.ZEENATH, W/O. YOUSAFF,
                       ...       Respondent

2. SPEICLA TAHSILDAR, L.A., THALASSERY.

                For Petitioner  :SRI.JOBY CYRIAC, SC, KSIDC

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :22/09/2009

 O R D E R
                PIUS C. KURIAKOSE &
              K. SURENDRA MOHAN, JJ.
     ------------------------------------------------
              L. A. A. No.532 of 2009
     ------------------------------------------------
   Dated this the 22nd day of September, 2009

                     JUDGMENT

Pius C. Kuriakose, J

Service is complete on the party respondent.

But, there is no appearance for her. This appeal is by

the Requisitioning Authority and are aggrieved by the

re-fixation of the land value from Rs.6498/- per cent

to Rs.15,000/- per cent.

Our attention is drawn by Sri.Joby Cyriac, the

learned counsel for the appellant to the judgment of

this Court in K.S.I.D.C v. Vayalambron Krishnan

(2008(4) KLT 726). For the various reasons stated in

that judgment, the impugned judgment is liable to be

interfered with. Accordingly, we set aside the

L. A. A. No.532 of 2009 -2-

impugned judgment and decree and remand

L.A.R.392/05 to the Sub Court, Thalassery. The Sub

Court is directed to afford opportunity to all parties to

adduce whatever further evidence they want to.

Thereafter, the court shall pass the revised judgment

on the basis of the entirety of the evidence which

comes on record. Refund full court fee paid on the

appeal memo to the appellant.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-