IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 32 of 2008()
1. THE DISTRICT COLLECTOR, MALAPPURAM.
... Petitioner
Vs
1. M.P.DHAKSHAYANI AMMA,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.M.ABDUL AZIZ (SR.)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :26/10/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
------------------------
L.A.A.Nos. 32 & 497 OF 2008
------------------------
Dated this the 26th day of October, 2009
JUDGMENT
Pius C.Kuriakose, J.
Having regard to the decision taken by this court in L.A.A.
Nos. 73/2008, 178/2008, 634/2008 & 281/2008, which were all
connected matters, and the submissions of the learned
Government Pleader and Sri.M.M.Abdul Aziz, learned senior
counsel for the claimants, we are of the view that the impugned
common judgment is to be interfered with and the LAR cases are
to be remanded to the Reference Court. Accordingly, for the
reasons stated in the common Judgment in L.A.As. 73/2008,
178/2008, 634/2008 & 281/2008, we set aside the judgment
and decree under appeal and remand L.A.R. Nos.57/2002 &
62/2002 to the Sub Court, Manjeri. That court is directed to
give opportunity to the claimants as well as to the State for
adducing whatever further evidence they want to. The parties are
directed to enter appearance before the Reference Court on
2/11/2009, so as to enable that court to dispose of the
LAA.No.32/2008 2
connected matters together. All the directions in the common
judgment dated 27/8/2009 in L.A.A. No.73/2008 series will be
applicable to these two cases also.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
dpk