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.
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R.P.No.838 of 2008 in
L.A.A.No.1323 of 2007
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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