IN THE HIGH COURT OF KERALA AT ERNAKULAM LA App No. 868 of 2002() 1. STATE OF KERALA ... Petitioner 1. STATE OF KERALA Vs 1. DR.T.SATHIDEVI "CHITHRA", ... Respondent 1. DR.T.SATHIDEVI, "CHITHRA" For Petitioner :GOVERNMENT PLEADER For Respondent :SRI.N.L.KRISHNAMOORTHY The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice HARUN-UL-RASHID Dated :08/10/2007 O R D E R KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NO. 868 OF 2002 & CROSS OBJECTION ----------------------------------------- Dated this the 8th day of October, 2007. J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the judgment and decree in
L.A.R. No. 71/1998 on the file of the Sub Court, Kozhikode.
Acquisition is for the purpose of Pottammal-Manathalathazham
road. In view of the judgment in L.A.A. No. 1172/2000, there is
no merit in the appeal filed by the State regarding enhancement.
2. In the cross objection there are two grievances, one
regarding interest on solatium. In view of the decision of the
Supreme Court in Sunder vs. Union of India (2001(3) KLT
489), cross objector is entitled to interest on solatium. Other
grievance is with regard to the measurement. According to the
cross objector, though a contention was taken no opportunity
was given to the cross objector to establish her case and
therefore it is prayed that an opportunity may be given to the
cross objector before the reference court to establish her case
regarding the actual extent taken from her.
L.A.A. 868/02 &C.O 2
Having regard to the submission as above, we are of the
view that it is only in the interest of justice that a further
opportunity is given to the cross objector. Therefore, for the only
purpose of resolving the dispute as to the actual extent involved
in the acquisition of the property from the cross objector, we set
aside the judgment and decree in L.A.R. No. 71/1998 and remit
the matter to the reference court. Parties will appear before the
reference court on 19.11.2007 and thereafter the reference shall
be disposed of within a period of another three months.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
L.A.A. 868/02 &C.O 3
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. NO. 868 OF 2002
&
CROSS OBJECTION
J U D G M E N T
08.10.2007