Sreedharan Embran v. 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 THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 LA.App..No. 1302 of 2005 ( ) ----------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 3/1995 OF PRL.SUB COURT,KOTTAYAM APPELLANT(S)/CLAIMANTS::
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1. SREEDHARAN EMBRAN, S/O.NARAYANAN EMBRAN, AKKEKAVU MADATHIL, RHONNALLOOR, VELLOOR, VAIKOM.
2. BALAKRISHNAN EMBRAN, S/O. ANNAYYA VENKITTA RAMAN, VALLAYIL MADATHIL, MEVELLOOR, VELLOOR, VAIKOM.
3. SMT.AHALYA, W/O. BALAKRISHNAN EMBRAN OF -DO- -DO-.
4. REMA RAO, S/O. BALAKRISHNAN EMBRAN, OF -DO- -DO-.
5. SUNITHA, D/O. BALAKRISHNAN EMBRAN, OF -DO- -DO-.
6. SUPRIYA, D/O. BALAKRISHNAN EMBRAN, OF -DO- -DO-.
APPELLANTS 3 TO 6 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER V.BALAKRISHNAN EMBRAN 2ND APPELLANT.
BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S)/RESPONDENTS::
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1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM.
2. VELLOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MEVELLOOR P.O.
SR.GOVERNMENT PLEADER SRI R.PADMARAJ THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.
----------------------------------------------------- L.A.A No.1302 of 2005 ---------------------------------------------------- Dated this the 5th day of February, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is from the judgment and decree in L.A.R No.3 of 1995 of the Sub Court, Kottayam.
2.
L.A.R Nos.3 and 5 of 1995 were disposed of by a common judgment by the reference court.
3.
The acquisition was for the purpose of construction of a bus stand cum shopping complex and market in Velloor panchayat. The notification under Section 4(1) was published on 31.07.1991. The land value fixed was Rs.11,579/- per Are, which has been enhanced by further granting Rs.6,947/- per Are (by 60% of the value fixed by the award) by the reference court. Against which the present appeal is filed.
4.
The learned counsel for the appellant submitted that the appeal from L.A.R No.5 of 1995, namely L.A.A No.1364 of 2002, has been dismissed by a Division Bench of this Court by judgment dated 27.11.2007. We have gone through the
L.A.A No.1302 of 2005 judgment. This Court has recorded therein that the appeals filed by the requisitioning authority as well as the State have been dismissed and the land value fixed by the reference court have become final.
In the light of the judgment in L.A.A No.1364 of 2002, this appeal is also dismissed. No costs.
Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge