IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 299 of 2004(D)
1. THE SREE SANKARACHARYA UNIVERSITY
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THRESSIAKUTTY, D/O. ESTHAPPANU,
3. ANNAMKUTTY ALIAS SR.BARBARA,
For Petitioner :SRI.KRISHNAKUMAR MANGOT,SC,SANSKRIT UTY
For Respondent :SRI.C.S.NARAYANAN NAIR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :18/10/2007
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NOs. 299, 300, 304, 305
& 306 OF 2004 &
L.A.A. No. 1034 OF 2005
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Dated this the 18th day of October, 2007.
J U D G M E N T
Kurian Joseph, J.
These are appeals filed by the requisitioning authority,
namely Sree Sankaracharya University of Sanskrit, Kalady. In
the nature of the order we propose to pass, it is not necessary to
extensively refer to the factual background. It is brought to our
notice that the relied on judgment L.A.R. No. 521/1998 has
already been remanded to the reference court for fresh
consideration by judgment in L.A.A. No. 1065/2003.
2. For parity of reasons, we set aside the judgment and
decree under appeal in all these cases and remit the cases to the
reference court for fresh consideration. We make it clear that it
will be open to the parties to adduce fresh evidence. In view of
the remand as above, appellants shall be entitled to refund of
court fee.
KURIAN JOSEPH
JUDGE
HARUN-UL-RASHID
JUDGE
smp