High Court Kerala High Court

State Of Kerala vs Saraswathy Bai on 20 October, 2010

Kerala High Court
State Of Kerala vs Saraswathy Bai on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 404 of 2010()


1. STATE OF KERALA, REPRESENTED BY THE
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER,

                        Vs



1. SARASWATHY BAI,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/10/2010

 O R D E R
         M.N. KRISHNAN & K.T. SANKARAN, JJ.
            = = = = = = = = = = = = = =
              R.P. No. 404 OF 2010 IN
               L.A.A. No. 432 OF 2005
           = = = = = = = = = = = = = = =
      Dated this the 20th day of October, 2010.

                     O R D E R

Krishnan, J.

This review petition is preferred to review

the judgment in L.A.A.432/05. It is submitted

that by virtue of a revised order passed in

L.A.A.774/06 the judgment requires review.

L.A.R.432/05 is preferred against the award of

the Land Acquisition Court in L.A.R.304/00.

2. 0.465 Ares in Re.Sy.No.71/7 of

Nellikode village is the subject matter. The

Court after consideration of the materials fixed

the land value at Rs.60,000/- per cent. A

perusal of the award would reveal that the

acquired land is situated by side of a road near

T.P.Kumaran Nair road within the limits of the

R.P. No. 404 OF 2010 IN
L.A.A. No. 432 OF 2005
-:2:-

Kozhikode Corporation. It is also submitted

that banks, commercial establishments, schools

and Kozhikode Medical College are located near

the acquired property. The Commissioner who

inspected the property has stated that the

property though not having direct road access it

is situated very near to T.P.Kumarn Nair road

and further it is also stated that a reference

has been made to L.A.R.240/00 wherein the same

and similarly situated land had been valued at

Rs.60,000/- and so the Court below had granted

the said market value for the property. So the

award does not suffer from any infirmity nor the

judgment passed by this Court requires review.

There is no error apparent on the face of the

record. Therefore the R.P. is dismissed.

M.N. KRISHNAN, JUDGE.

K.T. SANKARAN, JUDGE.

ul/-