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High Court of KeralaLA.App./15/2013disposed of

State Of Keral v. Rejendran Asari

2015-11-20Honourable 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 FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 LA.App..No.15 of 2013 (C) --------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 440/2007 of II ADDL.SUB COURT,TRIVANDRUM DATED 21-1-2010 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 GOVERNMENT PLEADER SRI.L.ALOSIOUS THOMAS RESPONDENT/CLAIMANT:- ----------------------- REJENDRAN ASARI, S/O.BALAKRISHNAN ASARI, THRIKKANNAPURAM, INDUSTRIAL ESTATE, PIN - 685 020.

BY ADV. SRI.J.HARIKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ. -------------------------------------------------- L.A.A.No.15 OF 2013 -------------------------------------------------- DATED THIS THE 20th DAY OF NOVEMBER, 2015

JUDGMENT

P.R.RAMACHANDRA MENON, J .

This appeal has been preferred by the State being aggrieved by the judgment and decree dated 21.1.2010 in L.A.R.No.440 of 2007 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 respondent/claimant.

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 requires to be reconsidered and accordingly, were remanded to the court below. Following the said verdict, the judgment and decree involved in this case is also set aside

L.A.A.No.15/13 -2and 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 dsn True copy P.S.to Judge