IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 985 of 2007()
1. RAMAKAIMAL GOPINATHA KAIMAL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MATHEW JOHN (K)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :30/06/2008
O R D E R
PIUS C. KURIAKOSE,J.
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L.A.A.Nos.985, 991 & 1136 of 2007
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Dated: 30th June, 2008
JUDGMENT
All these appeals are instituted by the claimants against the
common judgment in LAR Nos.157/05, 153/05 &173/05 on the files
of the Subordinate Judge’s Court, Pala. Even though Mr.Mathew John,
learned counsel for the appellants addressed me on all the grounds
raised in the appeal memoranda, his submissions in the context of
the appellants’ claim for compensation on account of the diminution
of land value of the unacquired portions of the appellants, i.e., claim
for compensation on the ground of injurious affection or severance
appealed to me most. Of course, the learned counsel also submitted
that if an opportunity is given, the appellants will be able to produce
documents relating to the period of notification under Section 4(1)
and substantiate their claim for enhancement in land value also.
2. I have heard the learned Government Pleader also.
3. Having considered the rival submissions addressed at the
Bar, I am of the view that considerations of justice demands that the
appellants are given opportunity to substantiate their plea for
compensation on the ground of injurious affection of the remainder
extent of the properties since it appears to me that there is some
LAA Nos.985/07 Etc. – 2 –
genuineness in the grievance of the appellants that the remainder
portions of the property have been completely deprived of the
frontage of Bajana Madom Temple Road which is said to be a
P.W.D.Road. Since the cases are being sent back to the reference
court, the reference court should grant opportunity to the appellants
to produce further documentary evidence for substantiating claim for
better land value also.
4. The result is that the common judgment and the decree in
LAR Nos.157/05, 153/05 & 173/05 are set aside and all the three LAR
Cases are remanded to the Subordinate Judge’s Court, Pala. The
parties will appear before the Subordinate Judge’s Court, Pala on 4th
August, 2008. That court will permit the appellants to adduce
evidence oral and documentary for substantiating their claims for
enhanced land value and also for compensation for the unacquired
portions of their lands on the ground of injurious affection. Further
trial will be completed and revised judgment will be passed by the
learned Subordinate Judge early and at any rate within three months
of the parties entering appearance pursuant to this order of remand.
If the Government wants to adduce counter evidence, the
Government can adduce counter evidence.
LAA Nos.985/07 Etc. – 3 –
5. The appeals are allowed by way of remand. Refund the full
court fee paid on the appeal memoranda to the counsel for the
appellants. Transmit the L.C.R. forthwith to the Subordinate Judge’s
Court, Pala.
srd PIUS C.KURIAKOSE, JUDGE