State Of Kerala v. Chandrasekharan Nair And Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 LA.App..No. 1406 of 2007 ( ) ----------------------------- (AGAINST THE ORDER/JUDGMENT IN LAR 72/1999 of SUB COURT, MAVELIKKARA DATED 31.03.2003) APPELLANT(S)/RESPONDENT NO.1:

------------------------------- STATE OF KERALA, REPRESENTED BY SPECIAL THASILDAR (LA), NO.III, STPS HARIPPAD.

BY ADV. SR. GOVERNMENT PLEADER MR. ALOYSIUS THOMAS RESPONDENT(S)/CLAIMANT & 2ND RESPONDENT:

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1. CHANDRASEKHARAN NAIR, POROOR KUTTIKKATTU, CHINGOLI.

2. RADHAKRISHNAN NAIR, POROOR KUTTIKKATTU, CHINGOLI. (* DIED LEGAL HEIRS ARE IMPLEADED)

3. SASIDHARAN NAIR, POROOR KUTTIKKATTU, CHINGOLI.

4. CHIEF MANAGER (HQ), N.T.C.P., KAYAMKULAM.

ADDL.RESPONDENTS 5 TO 7

5. SARASWATHI AMMA, W/O. CHANDRASEKHARAN NAIR, PEROOR KUTTIKKATTU, REKHA BHAVAN, AAYIKKATTU MOOLA MURI, CHEPPAD P.O. PIN 690 509

6. REKHA , D/O. CHANDRASEKHARAN NAIR, PEROOR KUTTIKKATTU, REKHA BHAVAN, AAYIKKATTU MOOLA MURI, CHEPPAD PO. PIN 690509

7. RAJESH, S/O. CHANDRASEKHARAN NAIR, PEROOR KUTTIKKATTU, REKHA BHAVAN, AAYIKKATTU MOOLA MURI, CHEPPAD P.O. PIN - 690 509 (*ADDL. RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER DATED 08.10.2015 IN I.A..109 of 2015) BY ADV. SRI.K.SASIKUMAR THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R. RAMACHANDRA MENON & K. HARILAL, JJ.

.............................................................................. L.A.A.No. 1406 OF 2007 ......................................................................... Dated this the 12th October, 2015

J U D G M E N T

P.R. Ramachandra Menon, J.

The learned Government Pleader submits that the judgment and decree dated 31.03.2003 passed by the Sub Court, Mavelikkara in L.A.R.No.72 of 1999, (which forms the subject matter of this appeal), was sought to be challenged by the requisitioning authority as well by way of L.A.A. 1502 OF 2007. After hearing, the said matter has been disposed of as per judgment dated 21.12.2011 (to which one of us was also a member), whereby the extent of enhancement awarded by the Reference Court has been reduced re-fixing the land value as Rs.6117/- per Are in respect of wet land and Rs.7215/- per Are in respect of dry land.

In the said circumstance, the learned Government Pleader submits that the present appeal is no more

L.A.A.No. 1406 OF 2007 required to be considered and accordingly the appeal stands dismissed as not pressed.

P.R. RAMACHANDRA MENON, JUDGE K. HARILAL, JUDGE lk