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State Of Kerala vs Ouseph Ulahannan on 1 July, 2008

Kerala High Court
State Of Kerala vs Ouseph Ulahannan on 1 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 446 of 2007()


1. STATE OF KERALA, REP. BY DISTRICT
                      ...  Petitioner

                        Vs



1. OUSEPH ULAHANNAN, VELLANJIYIL,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.RAJU K.MATHEWS

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

 Dated :01/07/2008

 O R D E R
              KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
                        ------------------------------------------
                            L.A.A. No. 446 of 2007
                                         and
                       Cross objection No. 4 of 2008
                       -------------------------------------------
                    Dated this the 1st day of July 2008

                                    JUDGMENT

Kurian Joseph,J

This appeal is filed by the state aggrieved by the fixation of land

value in L.A.R. 36/2002 on the file of the Sub court Thodupuzha. The

acquisition is for the purpose of Kothaikunnu Bye-pass. There is also a

cross objection for enhancement of land value. It is brought to our notice

that the connected matters have already been remanded to the reference

court vide judgment in L.A.A. 522/2004 and 571/2004. For parity of

reasons, we set aside the judgment and decree in L.A.R. 36/2002 and

remit the matter and cross objection to the reference court. The parties

shall appear before the reference court on 18.8.2008 The parties are free

to adduce fresh evidence if any. In view of the remand as above, the

cross-objectors shall be entitled to refund of the court fee already paid.

KURIAN JOSEPH, JUDGE

HARUN-UL-RASHID, JUDGE

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