High Court Kerala High Court

Pattakal Attabi vs The Land Acquisition Collector on 18 June, 2009

Kerala High Court
Pattakal Attabi vs The Land Acquisition Collector on 18 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 838 of 2008()


1. PATTAKAL ATTABI, U.T. OF
                      ...  Petitioner
2. PATTAKAL JUMAILATHBI, U.T. OF
3. PATTAKAL SAYED LIYAVUDHEEN,
4. PATTAKKAL FUSUL HINAYA,
5. PATTAKKAL ABDUL SALAM,
6. PATTAKKAL IRFAN PARVEEN,

                        Vs



1. THE LAND ACQUISITION COLLECTOR,
                       ...       Respondent

                For Petitioner  :SRI.BABU KARUKAPADATH

                For Respondent  :SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN

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

 Dated :18/06/2009

 O R D E R
             Kurian Joseph, & Harun-ul-Rashid, JJ.
                ------------------------------------------
                     R.P.No.838 of 2008 in
                    L.A.A.No.1323 of 2007
                ------------------------------------------
             Dated, this the 18th day of June, 2009

                              ORDER

Kurian Joseph, J.

This is a petition to review the judgment dated 24th

March, 2008 in L.A.A.No.1323 of 2007. This Court set aside the

judgment in L.A.R.No.3 of 2004 on the file of the District Court,

Lakshadweep and remitted the matter for fresh consideration. It

is seen from the judgment that the only reason for remitting the

case was that this Court had remitted L.A.R.No.1 of 2002 on the

file of the same Court by judgment dated 1.10.2007 in

L.A.A.No.479 of 2004. The document relied on in L.A.A.No.1

of 2002 is Ext.A8 in this case. Ext.A8 is copy of the judgment in

L.A.R.No.1 of 2002. That pertains to an acquisition of the year

2001 wherein the land value fixed is Rs.950/- per sq.mtr. The

R.P.No.838 of 2008

– 2 –

acquisition in the instant case is for the purpose of a timber yard

and the notification is dated 26.7.2002. It is brought to the notice

of this Court that the Reference Court has not in fact placed heavy

reliance on Ext.A8 document while fixing the land value at

Rs.812/- per sq.mtr. Actually the documents relied on are Exts.A1

to A6 and B6. In that view of the matter, we allow the review

petition and recall the judgment dated 24th March, 2008.

Kurian Joseph,
Judge

Harun-ul-Rashid,
Judge

vns