High Court Kerala High Court

State vs Pandarakalathil Prabhakara … on 22 October, 2007

Kerala High Court
State vs Pandarakalathil Prabhakara … on 22 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 1546 of 2000()



1. STATE
                      ...  Petitioner

                        Vs

1. PANDARAKALATHIL PRABHAKARA KURUP
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.G.UNNIKRISHNAN

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

 Dated :22/10/2007

 O R D E R
                  KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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                             L.A.A.No.1546 of 2000-B
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                                Dated: October 22, 2007

                                         JUDGMENT

Kurian Joseph, J.

This is an appeal filed against the judgment and decree in L.A.R.No.414

of 1997 on the file of the Sub Court, Kozhikode. The acquisition is for the Calicut

Byepass. The property is in Elathur village. It is brought to our notice that even

before the admission of the appeal, the State had deposited the entire amount

and the claimants had received the same on 12.7.2001 and the Execution

Petition was closed also. The claimants entered appearance in the appeal on

22.8.2001. Be that as it may, it is seen that in Elalthur village in respect of an

adjacent property belonging to the brother of the claimants and in several other

cases also, this court has sustained the land value at Rs.18000/- per cent.

Further, it has come out in the evidence of the advocate commissioner that the

property has road on two sides. For all the above reasons it is not necessary to

interfere with the judgment and decree for the only reason that the relied on

judgment has since been remanded. This appeal is dismissed.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE.

mt/-

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

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L.A.A. No.1546 of 2000 – B

JUDGMENT

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22.10.2007