IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 2163 of 2008()
1. STATE OF KERALA
... Petitioner
Vs
1. K.HAJIRA BEEVI, TC.41/1564,PLOT NO.45,
... Respondent
2. A.ABDUL AZEES, S/O.AHEMMED KHAN,
3. A.ABDUL MAJEED, S/O.AHAMMED KHAN,
4. AYISHA BEEVI, D/O. HAJIRA BEEVI,
5. SHAMILA BEEGOM, D/O.HAJIRA BEEVI,
6. AYOOBKHAN, S/O.AHAMMEDKHAN,
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/11/2008
O R D E R
KURIAN JOSEPH & K.T.SANKARAN, JJ.
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L.A.A. NO. 2163 OF 2008 A
and
C.M.APPL. NO.2222 OF 2008
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Dated this the 27th November, 2008
JUDGMENT
Kurian Joseph, J.
C.M.Appl.No.2222 of 2008 is an application to condone the
delay of 740 days in filing the appeal. On going through the
affidavit, we do not find any satisfactory explanation for condoning
the long delay. On merits, it is seen that the acquisition is for the
purpose of construction of Kazhakuttom-Kovalam bypass. Section
4(1) notification is dated 11.3.1994. The extent involved is 1.65
Ares. The Land Acquisition Officer awarded the total land value of
Rs.32,555/-, which was enhanced by the Reference Court by
Rs.16,955/-. It is also seen that there are no appeals against the
two other cases covered by the common judgment, L.A.R.Nos.240
of 1998 and 245 of 1998. Therefore, the application for condoning
the delay in filing the appeal, C.M.Appl.No.2222 of 2008, and the
appeal are dismissed.
L.A.A. NO.2163 OF 2008
:: 2 ::
The interlocutory application for stay, I.A.No.4884 of 2008, is
also dismissed.
(KURIAN JOSEPH)
Judge
(K.T.SANKARAN)
Judge
ahz/