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State Of Kerala Rep. By vs T.V.Janaki on 29 July, 2008

Kerala High Court
State Of Kerala Rep. By vs T.V.Janaki on 29 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 892 of 2008()


1. STATE OF KERALA REP. BY
                      ...  Petitioner

                        Vs



1. T.V.JANAKI, W/O.RAMAN, THEKKUMBAD
                       ...       Respondent

2. PADINHAPRATH RAMAN, H/O.T.V.JANAKI

3. T.V.GOPALAN, S/O.PADINHAPRATH RAMAN

4. T.V.KRISHNAN, S/O.PADINHAPRATH RAMAN

5. T.V.SANTHA, D/O.PADINHAPRATH RAMAN

6. T.V.CHANDRASEKHARAN

7. T.V.LATHA, D/O.PADINHAPRATH RAMAN

8. THE SENIOR REGIONAL MANAGER

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SMT.S.KARTHIKA

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :29/07/2008

 O R D E R
                     PIUS C. KURIAKOSE, J.
                 ----------------------------------
                    L.A.A.NO. 892      of 2008
                 ----------------------------------
            Dated this the 29th day of July , 2008

                           JUDGMENT

This appeal filed by the Government is directed against the

award of the Land Acquisition Reference Court in L.A.R.

No.16/2003. The L.A.R. Pertains to the acquisition of 1.7043

cents of land in Payyannur Amsom and Desom for the

construction of railway siding to FCI, Payyannur, pursuant to the

notification under Section 4(1) dated 21.11.1998. As against the

award of the Land Acquisition officer fixing the land value for

Rs.10,482/-, The reference court relying mainly on Ext.A3

judgment of the same court in L.A.R. No.5/2003 enhanced the

land value by Rs.7,000/- per cent.

2. Heard both sides. It is now brought to my notice that in

appeal L.A.A.160/2008 preferred by the Government against

the judgment and decree in L.A.R. No.5/2003 (Ext.A3), this court

set aside the judgment and decree under that appeal and

remanded that case back to the reference court giving

L.A.A. No.892/2008 2

opportunity to both sides to adduce further evidence and directed

the reference court to pass fresh judgment. In the light of the

decision taken on L.A.A. No.160/2008 it has become necessary

that the impugned judgment is also set aside. Accordingly,

allowing this appeal I set aside the impugned judgment and

decree and remand L.A.R No.16/2003 back to the Sub Court,

Payyannur. The reference court will consolidate this case with

L.A.R. No.5/2003 and any other connected cases and take fresh

decision giving opportunity to both sides to adduce further

evidence.

PIUS C. KURIAKOSE
JUDGE
dpk

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