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T.O.Thomas vs State Of Kerala on 22 July, 2008

Kerala High Court
T.O.Thomas vs State Of Kerala on 22 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 657 of 2004(D)


1. T.O.THOMAS, AGE 65 YEARS, S/O.OUSEPH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REP. BY SPECIAL
                       ...       Respondent

2. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.JAICE JACOB

                For Respondent  :SRI.G.S.REGHUNATH

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

 Dated :22/07/2008

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
               ----------------------------------------------
                  L.A.A. Nos.657/04 & 1235/05
               ----------------------------------------------
                      Dated 22nd July, 2008.
                           J U D G M E N T

Kurian Joseph, J.

The appeals are directed against the judgment and decree

passed by the Sub Court, Cherthala, in LAR No.106/2002. The

claimant and the requisitioning authority are the appellants in the

appeals respectively. The acquisition is for the construction of

Industrial Growth Centre at Pallipuram. Section 4(1) notification

was issued on 24.1.1997. It is not in dispute that the connected

matters have already been remitted to the reference court, with

liberty to the parties to adduce evidence. Therefore, we set aside

the judgment and decree under appeal and remit the matter to

the Sub Court, Cherthala, to be disposed of along with connected

matters. In view of the remand as above, the appellants are

entitled to refund of the court fee.

I.A.No.3476/05 in LAA 1235/05 : Dismissed.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

———————————————-

L.A.A. Nos.657/04 & 1235/05

———————————————-

J U D G M E N T

Dated 22nd July, 2008.

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