High Court of KeralaLA.App./451/2013dismissed

The State Opf Kerala v. Raveendran Nair

2015-08-04Honourable 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 TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 LA.App..No. 451 of 2013 (C) ---------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 112/2010 of I ADDL.SUB COURT,TRIVANDRUM DATED 31-01-2012 APPELLANT(S)/RESPONDENTS:

------------------------------------------------

1. THE STATE OPF KERALA REPRESENTED BY THE DISTRICT COLLECTOR THIRUVANANTHAPURAM

2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.

BY SR.G.P. SHRI R. PADMARAJ RESPONDENT(S)/CLAIMANT:

---------------------------------------------- RAVEENDRAN NAIR S/O.VELAYUDHAN NAIR, SURABHI TC 10/6 PRIYADARSINI LANE, PRASANTH NAGAR THIRUVANANTHAPURAM 695 001.

R1 BY ADV. SRI.BASANT BALAJI THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 0408-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.451 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the State aggrieved by the judgment and decree in LAR No.112/2010 of Addl. Sub Court, Thiruvananthapuram. The land was acquired for the purpose of widening Ulloor - Muzhivila road Reach No.II. The Land Acquisition Officer awarded land value at the rate of Rs.2,47,198/- which has been enhanced to Rs.3,95,516.80 per are. The contention taken in the appeal is that the reference court ought not to have relied upon the judgment in LAR Nos.74/2009 and 75/2009.

2. Today, by a separate judgment, we have disposed of the appeals filed from LAR Nos.74/2009 and 75/2009 (LAA Nos.121/2012 and 77/2012). We have granted further enhancement to those claimants, viz. at the rate of Rs.24,17,100/- per are. In that view

LAA 451/2013 of the matter, there is no merit in this appeal and the appeal is dismissed. The parties will suffer their costs in the appeal. (T.R. RAMACHANDRAN NAIR, JUDGE.) (K.P. JYOTHINDRANATH, JUDGE.) kav/