State Of Kerala v. Kochuvarkey Ummen
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 LA.App..No. 1810 of 2002 (B) ----------------------------- (AGAINST THE ORDER/JUDGMENT IN LAR 30/1993 of SUB COURT, MAVELIKKARA DATED 14-12-2000) APPELLANT/RESPONDENT::
---------------------------- STATE OF KERALA.
BY GOVERNMENT PLEADER MR. L. ALOSIOUS THOMAS. RESPONDENTS/CLAIMANTS::
-----------------------------
1. KOCHUVARKEY OOMMEN (DIED), PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
* 2. MOLY UMMEN, PUTHENPURAYIL, KUTISSERI, CHERUTHANA.(*DIED)
3. K.GEORGE, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
4. P.O.MATHEW, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
5. O.CHACKO, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
6. KUNJU KUNJAMMA JOSEPH, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
7. P.D.THOMAS, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
8. MATHEW UMMEN, PUTHENPURAYIL, KUTTISSERI, CHERUTHANA.
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 09-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON ANIL K. NARENDRAN, JJ.
.............................................................................. ......................................................................... Dated this the 9th December, 2015
JUDGMENT
P.R. Ramachandra Menon, J.
This appeal arises from the judgment and decree passed by the Sub Court, Mavelikkara in L.A.R.No.30 of 1993. The grievance is against the enhancement, which according to the appellant/State is quite exorbitant. When the matter is taken up for consideration, the learned Government Pleader submits that the judgment and decree under challenge were passed based on Ext.A2 judgment. It is stated that no appeal has been preferred by the State against Ext.A2. It is also brought to the notice of this Court that in respect of Ext.A1 judgment, which was sought to be relied on for the purpose of proportionate enhancement, an appeal had been preferred by the State as L.A.A.No.434 of 1997, wherein interference was declined and appeal was dismissed.
2. In the above circumstance, this Court finds that
nothing further survives to be considered in this matter. The appeal is dismissed as devoid of any merit.
P.R. RAMACHANDRA MENON, JUDGE ANIL K. NARENDRAN, JUDGE lk
P.R. RAMACHANDRA MENON ANIL K. NARENDRAN, JJ.
................................................... L.A.A. No.1810 of 2002 ................................................... Dated this the 9th December, 2015
J U D G M E N T