The District Collector, Thiruvananthapuram v. S.Jeeva
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 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 LA.App..No. 662 of 2013 ----------------------- AGAINST THE JUDGMENT IN LAR 805/2009 of II ADDL.SUB COURT,TRIVANDRUM DATED 31-12-2012 APPELLANT(S)/RESPONDENTS:
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1. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENGINEER, PWD NH DIVISION, THIRUVANANTHAPURAM.
BY SR. GOVERNMENT PLEADER SRI. L. ALOYSIOUS THOMAS RESPONDENT(S)/CLAIMANT:
----------------------- S.JEEVA S/O.SAJEEV.T.B., SREESYLAM, SHWALLARE LANE, NALANCHIRA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.SREEKUMAR THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON & K. HARILAL, JJ.
--------------------------------------------------------- L.A.A. No. 662 of 2013-A ---------------------------------------------------------- Dated this the 5th day of October, 2015
JUDGMENT
Ramachandra Menon, J.
This appeal arises from the judgment and decree dated 31/12/2012 in L.A.R. No.805/2009 on the file of the Sub Court, Thiruvananthapuram.
2. The property concerned herein having an extent of nearly 0.05 Ares of land in Re-survey No.235/19 of Ulloor Village was sought to be acquired based on Sec.4(1) Notification dated 31/1/2005. After considering the relevant factors, the Land Acquisition Officer fixed the land value as `2,45,369/- per Are, which was enhanced by the Reference Court to `9,16,000/- per Are. The said
L.A.A. No. 662 of 2013 -: 2 :- verdict was passed based on the similar verdict passed in L.A.R.No.650/09. Contending that the said judgment has not become final, in view of L.A.A.No.26/13 preferred by the State before this Court, the present appeal is filed seeking for interference.
3. Today, when the matter is taken up for consideration, the learned Government Pleader submits that L.A.A.No.26/13 preferred by the State has been dismissed by this Court declining interference and as such the matter has become final. In the above circumstances, this Court finds that nothing further survives to be considered in this appeal. Accordingly, this appeal stands dismissed as devoid of any merit.
Sd/- (P.R. RAMACHANDRA MENON, JUDGE) Sd/- (K. HARILAL, JUDGE) Nan //true copy// P.S. to Judge