High Court Kerala High Court

State Of Kerala Represented By The vs Prasanna on 12 February, 2008

Kerala High Court
State Of Kerala Represented By The vs Prasanna on 12 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 1261 of 2007()


1. STATE OF KERALA REPRESENTED BY THE
                      ...  Petitioner

                        Vs



1. PRASANNA, PRASANNA VILASAM,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :12/02/2008

 O R D E R
              KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

                 -----------------------------------------

                        L.A.A. No. 1261 OF 2007

                                       &

                      C.M.Appln. No. 1473 OF 2007

                -----------------------------------------

           Dated this the 12th day of February, 2008.


                            J U D G M E N T

Kurian Joseph, J.

C.M.Appln. No. 1473/07

This is an application to condone the delay of 622 days in

filing the appeal. It is seen that the appeal is filed against the

judgment and decree in L.A.R.No.163/1998 on the file of the

II Additional Sub Court, Thiruvananthapuram. Acquisition is for

the purpose of Electronics Techno Park.

2. It is seen that the enhancement is only to the tune of

30% and such enhancement is given in view of the evidence

adduced by the claimant. In the absence of any contra evidence,

we are of the view that the fixation thus made by the reference

court based on the evidence adduced by the claimant is just and

proper. Therefore, the application for condonation of delay and

the appeal are dismissed.

KURIAN JOSEPH

JUDGE

HARUN-UL-RASHID

JUDGE

smp