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State Of Kerala vs Dr.T.Sathidevi “Chithra” on 8 October, 2007

Kerala High Court
State Of Kerala vs Dr.T.Sathidevi “Chithra” on 8 October, 2007
       

  

  

 
 
  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

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