IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 709 of 2001()
1. STATE
... Petitioner
Vs
1. P. RAVEENDRAN ASARI
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :20/09/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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C.M.P. NO. 3688 OF 2001
IN
L.A.A. NO. 709 OF 2001
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Dated this the 20th day of September, 2007.
O R D E R
Kurian Joseph, J.
This is a petition to condone the delay of 132 days in filing
the appeal on merits. It is seen that the appeal is filed against
the judgment and decree in L.A.R. No. 164/1995 on the file of
II Additional Sub Court, Thiruvananthapuram. Acquisition is for
the purpose of Chalai bye-pass. Section 4(1) notification is
dated 14.08.1992.
2. The extent involved is only 0.29 Ares. The Land
Acquisition Officer fixed the land value at the rate of Rs. 69,342/-
per Are, which was enhanced to Rs. 95,218/- per Are by the
reference court. It is seen that the reference court has adopted
the mode of valuation in Exhibit A1.
Be that as it may, since the extent involved is only very
small and since it is a notification of 1992, we do not think it
necessary to issue notice to the claimants in this case at this
C.M.P. 3688/01 in L.A.A. 709/01 2
distance of time. Therefore, the application for condonation of
delay is dismissed. The appeal is also dismissed. It is made
clear that the decision is not on merits of the case, but mainly
taking note of the small extent involved in the case.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
C.M.P. 3688/01 in L.A.A. 709/01 3
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 709 OF 2001
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Dated this the 20th day of September, 2007.
J U D G M E N T
Kurian Joseph, J.
In view of the order in C.M.P. No. 3688 of 2001 in
L.A.A. No. 709 of 2001 dated 20.09.2007, this appeal is
dismissed.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp
C.M.P. 3688/01 in L.A.A. 709/01 4
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.
L.A.A. NO. 709 OF 2001
J U D G M E N T
20.09.2007