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.
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L.A.A. No. 446 of 2007
and
Cross objection No. 4 of 2008
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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
es
