Special Tahsildar (L.A.) vs Gopi Asari on 12 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1758 of 2007(D)


1. SPECIAL TAHSILDAR (L.A.),
                      ...  Petitioner
2. THE DISTRICT COLLECTOR,

                        Vs



1. GOPI ASARI, S/O. KRISHNAN,
                       ...       Respondent

2. ADMINISTRATOR,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.P.K.RAVISANKAR

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/02/2009

 O R D E R
         PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                   W.P.(C)No.1758 OF 2007
                      ------------------------

          Dated this the 12th      day of February, 2009

                            JUDGMENT

Pius C.Kuriakose, J.

We fail to see why the Government should prefer this

appeal. Under point No.1, the learned Subordinate Judge has

found that the claimant respondent had not filed an application

for reference under Section 18 and hence the Land acquisition

reference under Section 18 is not maintainable. Though under

point No.2, the learned Judge proceeded to determine the correct

market value of the property in deference to the reference sent

to him. But, ultimately under Point No.3, the learned

Subordinate Judge has decided that reference is only to be

dismissed in the light of the decision of point No.1.

The appeal will stand dismissed as unnecessary.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
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