IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 491 of 2008()
1. PAULOSE,S/O. KUNJU VARKEY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KOCHI INTERNATIONAL AIRPORT SOCIETY
For Petitioner :SRI.P.R.VENKETESH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/02/2009
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
---------------------------------------------
Review Petition No.491 OF 2008 IN
L.A.A.No.1245 OF 2003
&
Review Petition No.492 OF 2008 IN
L.A.A.No.993 OF 2003
--------------------------------------------
Dated this the 2nd day of February, 2009.
O R D E R
Kurian Joseph, J.
These are review petitions at the instance of the claimants.
It is seen from the review petitions that essentially there is a
dispute as to the nature of the land as to whether the acquired
land is wet land or garden land. That aspect was not adverted to
in the judgment since the appeals were disposed of along with
a batch of cases. In view of the serious contention regarding the
nature of the acquired land, we are of the view that the matter
requires a consideration on that aspect.
Therefore, the review petitions are allowed. The judgments
in L.A.A.No.993/2003 dated 22.10.2007 and L.A.A.No.1245/2003
R.P.No.491 & 492 of 2008 2
dated 23.10.2007 are recalled.
Post the appeals for hearing on the contention with regard
to the nature of the acquired land, since on other aspects the
issue is covered by the judgment in L.A.A.No.412/2001.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
R.P.No.491 & 492 of 2008 3
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
R.P. No.491 OF 2008 IN
L.A.A.No.1245 OF 2003
&
R.P No.492 OF 2008 IN
L.A.A.No.993 OF 2003
O R D E R
02.02.2009