The Sree Sankaracharya University v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 LA.App..No. 547 of 2004 ( ) ---------------------------- AGAINST THE JUDGMENT IN LAR 2/1998 of ADDL.SUB COURT,NORTH PARAVUR DATED 20-12-2003 APPELLANT/ADDITIONAL 2ND RESPONDENT::
------------------------------------------------------------- THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY THE REGISTRAR.
BY ADVS.SRI.ARUN B.VARGHESE,SC, SREE SANKARACHAR SRI.B.S.KRISHNAN(SR.),SC,SANSKRIT UTY.
SRI.K.ANAND, SC, SANSKRIT UTY.
RESPONDENTS/1ST RESPONDENT AND CLAIMANTS::
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1. THE STATE OF KERALA THE DISTRICT COLLECATOR, ERNAKULAM.
2. VAREED ESTHAPPAN, PATTATHY HOUSE, KALADY.(DIED) ADDITIONAL RESPONDENTS 3.
EMILY, W/O LATE JOSE, PATTATHY HOUSE CHENGAL KALADY 4.
ANEESH, S/O JOSE, PATTATHY HOUSE CHENGAL KALADY 5.
MANU, S/O JOSE, PATTATHY HOUSE CHENGAL KALADY 6.
ANI, W/O LATE POULOSE, CHITTINAPPALLY EDAKUNNU P.O., ANGAMALY
LAA NO.547/2004 7.
ROSILY, W/O ANTONY, ANTHIKATTU, ELOOR SOUTH UDYOGAMANDAL, KALAMASSERY 8.
GEORGE, S/O ESTHAPPAN, PATTATHY HOUSE CHENGAL KALADY 9.
MARY,W/O POULOSE, KARIMATHY HOUSE KAIPARA ( PARATHETTA), SREEMOOLANAGARAM ERNAKULAM 10.
TESSY, W/O JOY ( NAVODHAYA DECORATIONS) THARAPPIL HOUSE, OONUKAL P.O.
KOTHAMANGALAM, ERNAKULAM 11.
SHINY, W/O SAJI, NAMBIADAN HOUSE, PARAPPURAM P.O., KANJOOR, ERNAKULAM 12.
SHAJAN, S/O ESTHAPPAN, PATTATHY HOUSE, CHENGAL KALADY *LEGAL HEIRS OF DECEASED R2 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 3 TO 12 VIDE ORDER DATED 4.3.2015 IN I.A.NO.516/2014.
ADDL.R3-R12 BY ADV. SRI.G.D.PANICKER ADDL.R3-R12 BY ADV. SMT.JEENA JOSEPH BY GOVT. PLEADER SRI.R.PADMARAJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - L.A.A.No.547 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed from the judgment and decree in L.A.R.No.2/1998 of the Sub Court, North Paravur. 2.
The property was acquired for the construction of Sree Sankaracharya University and the notification under Section 4(1) notification was published on 17.8.1993.
3.
As per the present award, the land acquisition officer awarded land value @ `72,835/- per Are and the reference court has granted 100% enhancement.
4.
We are informed that connected appeal, namely L.A.A.No.199/2012 has been dismissed by a Division Bench of this Court by judgment dated 25/06/2012. It is submitted that therein the reference court initially granted enhancement @ 45% above the value awarded by the land acquisition officer and in appeal , the matter was
LAA No.547/2004 remanded for a fresh decision and thereafter the fresh award was passed giving enhancement by 98.6% which was approved by this Court.
The situation being identical, we are of the view that in the light of the view taken in the said judgment, no interference is called for in this appeal also. Therefore, the appeal is dismissed without any order as to costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.