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.
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L.A.A.NO. 892 of 2008
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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
