High Court Kerala High Court

The Sree Sankaracharya … vs The State Of Kerala on 18 October, 2007

Kerala High Court
The Sree Sankaracharya … vs The State Of Kerala on 18 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 299 of 2004(D)


1. THE SREE SANKARACHARYA UNIVERSITY
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THRESSIAKUTTY, D/O. ESTHAPPANU,

3. ANNAMKUTTY ALIAS SR.BARBARA,

                For Petitioner  :SRI.KRISHNAKUMAR MANGOT,SC,SANSKRIT UTY

                For Respondent  :SRI.C.S.NARAYANAN NAIR

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :18/10/2007

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
              -----------------------------------------
                L.A.A. NOs. 299, 300, 304, 305
                       & 306 OF 2004 &
                   L.A.A. No. 1034 OF 2005
              -----------------------------------------
          Dated this the 18th day of October, 2007.

                        J U D G M E N T

Kurian Joseph, J.

These are appeals filed by the requisitioning authority,

namely Sree Sankaracharya University of Sanskrit, Kalady. In

the nature of the order we propose to pass, it is not necessary to

extensively refer to the factual background. It is brought to our

notice that the relied on judgment L.A.R. No. 521/1998 has

already been remanded to the reference court for fresh

consideration by judgment in L.A.A. No. 1065/2003.

2. For parity of reasons, we set aside the judgment and

decree under appeal in all these cases and remit the cases to the

reference court for fresh consideration. We make it clear that it

will be open to the parties to adduce fresh evidence. In view of

the remand as above, appellants shall be entitled to refund of

court fee.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE
smp