State Of Kerala v. S. Biju Ramesh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 LA.App..No. 710 of 2012 () --------------------------- AGAINST THE JUDGMENT AND DECREE IN LAR 36/2007 ON THE FILE OF THE II ADDITIONAL SUB COURT,TRIVANDRUM DATED 22.2.2010 APPELLANT/1ST RESPONDENT IN L.A.R:
----------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.
BY SR.GOVERNMENT PLEADER SRI. R.PADMARAJ RESPONDENTS/CLAIMANTS AND 2ND RESPONDENT IN L.A.R: -------------------------------------------------
1. S. BIJU RAMESH SAMTHIRPTI, KIZHAKKE KOTTAKKAKATHU VANCHIYOOR 695102.THIRUVANANTHAPURAM.
2. RANI RAMESH SAMTHIRPTI, KIZHAKKE KOTTAKKAKATHU VANCHIYOOR 695102.THIRUVANANTHAPURAM.
3. THE SECRETARY THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY 695001 THIRUVANANTHAPURAM.
R3 BY ADV. SRI.K.A.JALEEL, SC., TRIDA R1,R2 BY ADV. SRI.P.SANKARANKUTTY NAIR R1,R2 BY ADV. SRI.K.SANDESH RAJA R1,R2 BY ADV. KUM.VIDYA MENON THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No.710 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February 2015
JUDGMENT
Ramachandran Nair, J., This appeal is from the judgment and decree in L.A.R. No. 36/2007 on the file of the Additional Sub court, Thiruvananthapuram. The property was acquired for the widening of LMS-Attakkulangara road for TRIDA. The extent of land involved is 0.60 Ares of land in Survey No. 1311/1 of Vanchiyoor Village. The Land Acquisition Officer granted land value at the rate of Rs. 4,11,665/- per Are which has been enhanced by Rs. 24, 70,000/- by the reference court.
2. Learned counsel for the respondents submitted that this Court in the judgment in L.A.A. 93/12 and Cross Objection 35/12 from the same judgment of the reference court has dismissed the appeal filed by claimants as well as the Cross Objection filed by the State.
3. We heard heard learned Sr. Government Pleader and
L.A.A. No.710 of 2012 :2:
learned counsel for the respondents.
We have gone through the judgment in L.A.A. 93/2012 and Cross Objection 35/2012. The appeal was dismissed as in limine and the Cross Objection was dismissed as not maintainable. The Bench also had found that there is no reason to vary the value fixed by the reference court. In that view of the matter, this appeal is also dismissed. No cost.
Sd/ T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/- True copy P.A to Judge