IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1208 of 2007()
1. STATE OF KERALA, REPRESENTED BY THE
... Petitioner
Vs
1. P.T.RAMANUJAN, SAROJ,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.R.K.MURALEEDHARAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/01/2009
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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R.P Nos.1208/2007 IN L.A.A.No.774/2006,
1278/2008 IN L.A.A.No.1383/2005 &
1291/2008 IN L.A.A.No.1224/2005
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Dated this the 30th day of January, 2009.
O R D E R
Kurian Joseph, J.
These review petitions are filed by the State seeking review
of the judgments in L.A.A.No.774/2006 and L.A.A.Nos.1383 and
1224 of 2005 dated 09.04.2007 respectively. Acquisition is for
the purpose of National Highway bye-pass, Kozhikode.
2. After the disposal of L.A.A.No.774/2006, it was brought
to the notice of this Court that the essential dispute as to the
locational difference pertaining to the acquired property covered
by the appeals is under consideration by the reference court, Sub
Court, Kozhikode in L.A.R.No.492/1997. Learned counsel for the
claimants, however, submits that the property covered by
L.A.R.No.492/1997 pertains to a different notification altogether
and therefore the value fixed in that case may not have any
R.P.1208/07 & conn. cases 2
bearing on the fixation of value in these cases. But, as rightly
pointed out by the learned Government Pleader, after the
disposal of the said reference, this Court will be in a position to
know the locational advantage of the property though covered by
different notification and that factor has a bearing in the final
disposal of the appeals.
Therefore, the review petitions are allowed and the
judgments in L.A.A.No.774/2006 and L.A.A.Nos.1383 and 1224
of 2005 dated 09.04.2007 are recalled. Post the appeals for
disposal along with copy of the judgment in L.A.R.No.492/1997
on the file of the Sub Court, Kozhikode. Registry will obtain a
copy from the Sub Court and put up with the records.
KURIAN JOSEPH
JUDGE
K.T. SANKARAN
JUDGE
smp
R.P.1208/07 & conn. cases 3
KURIAN JOSEPH &
K.T. SANKARAN, JJ.
R.P Nos.1208 OF 2007,
1278 & 1291 OF 2008
O R D E R
30.01.2009