High Court of KeralaLA.App./567/2010dismissed

State Of Kerala v. Mithradas

2015-01-19Honourable Smt. Justice P.V.Asha,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 SMT. JUSTICE P.V.ASHA MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 LA.App..No. 567 of 2010 ( ) ---------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 170/2005 ON THE FILE OF THE I ADDITIONAL SUB COURT,TRIVANDRUM DATED 20-03-2009 APPELLANT/RESPONDENT No.1 IN LAR:

---------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

BY ADV. GOVERNMENT PLEADER RESPONDENTS/CLAIMANT AND RESPONDENT NO.2 IN LAR: ------------------------------------------------

1. MITHRADAS, S/O. VELAYUDHAN, KOCHUMMINI HOUSE, ANAYARA, THIRUVANANTHAPURAM.

2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM.

R1 BY SR.G.P. SRI.PADMARAJ.

R2 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, TRIDA THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AL/-

T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A. No.567 of 2010 & C.M.Application 874/2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January 2015

JUDGMENT

Ramachandran Nair, J., This appeal is filed by the State aggrieved by the judgment and decree in LAR 170/2005 on the file of the Sub Court, Thiruvananthapuram. The land was acquired for the purpose of widening of Palayam Pattoor Road. The land value fixed by the Land Acquisition Officer is at Rs. 2,71,107/- which has been enhanced to Rs. 15 lakhs per Are.

There is 137 days delay in filing the appeal. It is brought to our notice that the claimant had filed L.A.A. 323/11 against the very same judgment and appeal stands allowed as per judgment dated 6.7.2011. The land value has been refixed by this Court at Rs. 17 lakh per Are. In the light of above, there is no scope for interference of this Court. The appeal is dismissed. Hence, the C.M.Application also is dismissed. Sd/- T.R.RAMACHANDRAN NAIR (JUDGE) Sd/- P.V.ASHA (JUDGE) AL/-

No.--- :2:

True copy P.A to Judge