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High Court of KeralaLA.App./100/2013dismissed

State Of Kerala v. Thomas

2015-08-10Honourable Mr. Justice K.P.Jyothindranath,Honourable Mr.Justice T.R.Ramachandran Nair3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 LA.App..No. 100 of 2013 () --------------------------- IN LAR 16/2010 of SUB COURT,THODUPUZHA DATED 17-08-2012 --------------------------------------- APPELLANT(S)/RESPONDENTS:

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

2. THE EXECUTIVE ENGINEER P.W.D. ROADS DIVISION, IDUKKI.

BY ADV. GOVERNMENT PLEADER RESPONDENT(S)/CLAIMANTS:

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1. SRI.THOMAS S/O.MATHAI, CHERIYIL PUTHENPURAYIL, THALAMATTOM PIN 685584.

2. SRI.JOSHY S/O.NARAYANAN, PUTHENPURAYIL (H), THALAMATTOM PIN 685584.

3. SMT.JAYASREE W/O.JOSHY, PUTHENPURAYIL, THALAMATTOM PIN 685584.

4. THE VICAR ST.MICHALES CHURCH, THALAMATTOM, PIN 685584.

R1 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R1 BY ADV. SRI.THOMAS JAMES MUNDACKAL R1 BY ADV. SMT.K.V.SHENU R4 BY ADV. SRI.MATHEW JOHN (K) R4 BY ADV. SRI.DOMSON J.VATTAKUZHY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

T.R.RAMACHANDRAN NAIR, & K.P.JYOTHINDRANATH, JJ.

------------------------------------------------ L.A.A.No.100 of 2013 ------------------------------------------------ Dated this the 10th day of August, 2015

JUDGMENT

T.R.Ramachandran Nair, J.

This appeal is from the judgment and decree in LAR.No.16/2010 of the Sub court, Thodupuzha. The State has come up in appeal against the grant of enhancement of land value. As per the impugned judgment, the claimant was allowed enhanced land value at the rate of Rs.1,16,600/- per Are for a total extent of 0.0020 Hectors (0.2 Are).

2. We have heard the learned counsel for both sides.

3. It is submitted by the learned counsel for the claimant that the claimant had filed a separate appeal as L.A.A.No.717/2013 claiming further enhancement. This Court has already allowed the appeal and the land value has been refixed as Rs.3,10,000/- per Are. The property

L.A.A.No.100 of 2013 herein was included in group III category. We have verified the same and in the light of the said submission, the appeal do not deserve any merit.

Accordingly this appeal is dismissed. Parties will bear their costs in the appeal.

Sd/- T.R.RAMACHANDRAN NAIR, JUDGE Sd/- K.P.JYOTHINDRANATH, JUDGE vs /TRUE COPY/ PA TO JUDGE