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
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L.A.A. Nos.657/04 & 1235/05
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J U D G M E N T
Dated 22nd July, 2008.