IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1275 of 2008()
1. STATE OF KERALA.
... Petitioner
Vs
1. G.THANKAPPAN PILLAI,
... Respondent
2. SUBHADRA AMMA, W/O.THANKAPPAN PILAI,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :29/07/2008
O R D E R
PIUS C. KURIAKOSE, J.
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L.A.A.NO. 1275 of 2008
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Dated this the 29th day of July , 2008
JUDGMENT
Mr.Basant Balaji, learned Senior Government Pleader has
addressed me extensively on the grounds raised in the appeal
memorandum. It is seen that the learned Subordinate Judge
placed reliance on Ext.A2 judgment in LAR No.123/93. Ext.A2
was in a case relating to acquisition for the same purpose, but
pursuant to a notification which was 9 months after the relevant
Section 4(1) notification in this case which is dated 29.2.1992.
The learned Judge noticed that while in LAR No.21/95 the
awarding officer granted Rs.9537/- per Are for the acquired
properties, even 9 months thereafter in Ext.A2 case the
awarding officer granted only Rs.6059/- per Are. I also feel that
the court below was justified in thinking that, even according to
the awarding officer the acquired property was superior. The
only question which arises now is whether Ext.A2 judgment has
attained finality.
L.A.A. No.1275/2008 2
The Registry reports that Ext.A2 has attained finality in the
sense that nobody has preferred appeal against Ext.A2. Under
these circumstances, I do not find any warrant for interfering
with the judgment under appeal. The appeal fails and the same
will stand dismissed in limine.
PIUS C. KURIAKOSE
JUDGE
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