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High Court of KeralaLA.App./195/2015disposed of

State Of Kerala v. Vinod Kumar

2015-11-18Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr. Justice Anil K.Narendran3 pages

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 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 LA.App..No. 195 of 2015 (C) ---------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 139/2009 of II ADDL.SUB COURT,THIRUVANANTHAPURAM DATED 22-08-2012 APPELLANTS/RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM.

BY SR.GOVERNMENT PLEADER SRI.R.PADMARAJ RESPONDENTS/CLAIMANTS:

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1. VINOD KUMAR, S/O. LEKSHMANAN NADAR, T.C 52/1350, VINOD BHAVAN, THRIKKANNAPURAM, THIRUVANANTHAPURAM.

2. CHELLAMMA, W/O. LEKSHMANAN NADAR, T.C 52/1350, VINOD BHAVAN, THRIKKANNAPURAM, THIRUVANANTHAPURAM.

R1-R2 BY ADV. SRI.J.HARIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ. ------------------------------------------------------------------ L.A.A.No.195 of 2015 ------------------------------------------------------------------ Dated this the 18th day of November, 2015

JUDGMENT

Ramachandra Menon, J.

This appeal has been preferred by the State being aggrieved by the judgment and decree dated 22.8.2012 in L.A.R.No.139 of 2009 of the II Additional Sub Court, Thiruvananthapuram.

2.

Heard the learned Senior Government Pleader as well as the learned counsel appearing on behalf of the respondents/claimants.

3.

It is brought to the notice of this Court that exactly similar matter had come up for consideration before this Court by way of L.A.A.No.590 of 2013 and connected cases, which were disposed of as per judgment dated 16.11.2015, holding that the matter required to be reconsidered and accordingly, were remanded to the court below. Following the said verdict, the judgment and decree

L.A.A.No.195 of 2015 involved in this case is also set aside and the case is remitted to the court below, to be reconsidered along with the other connected matters. The findings and observations in the aforesaid judgment and the directions given by this Court will govern the issue involved in the present case as well.

Sd/- P.R.RAMACHANDRA MENON, JUDGE Sd/- ANIL K.NARENDRAN, JUDGE skj True copy P.A to Judge