IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 616 of 2005(D)
1. K.K.DEVAYANI,
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR,
... Respondent
For Petitioner :SRI.P.M.MOHAMMED SHIRAZ
For Respondent :ADDL.ADVOCATE GENERAL
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/11/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 616 OF 2005
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Dated this the 28th day of November, 2007.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the judgment and decree in
L.A.R. No. 186/2000 on the file of the Sub Court, Kozhikode.
Acquisition is for the purpose of Calicut bye-pass. The property is
situated in Nellikode village.
2. The grievance is only with regard to compensation for
severance. Learned Government Pleader submits that there is no
dispute as to the entitlement regarding severance compensation.
But the dispute is as to who is entitled to receive the same. The
finding entered by the reference court is that the claimant in
L.A.R. No. 185/2000 is entitled to the compensation whereas the
appellant submits that it is a factual mistake committed by the
reference court and it is the appellant herein, who is the claimant
in L.A.R. No. 186/2000, who is entitled to receive the same.
3. It is brought to our notice that, this Court has already
directed the reference court to consider afresh the claim for
L.A.A. 616/05 2
correction of the judgment and decree in L.A.R. No. 185/2000 in
CRP. No. 639/2005. In that view of the matter, it is only
appropriate that the reference court considers the claim of the
appellant herein regarding entitlement for severance with notice
to the claimant in L.A.R. No. 185/2000 also, since the matter
arises out of a common judgment.
Accordingly, we set aside the judgment and decree in
L.A.R. No. 186/2000 and remit the matter to the reference court
for considering the claim regarding entitlement for severance
compensation with notice to the appellant herein and the
claimant in L.A.R. No. 185/2000. The matter shall be disposed of
within a period of four months from the date of production of a
copy of this judgment.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp