High Court of KeralaLA.App./1569/2008disposed of

State Of Kerala Rep.By The Spl.Tahsildar v. V.G.Sofiya

2015-09-23Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr.Justice K.Harilal3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 LA.App..No. 1569 of 2008 ( ) ----------------------------- AGAINST THE JUDGMENT IN LAR 73/2003 of ADDITIONAL SUB COURT, NORTH PARAVUR DATED 30-11-2006 APPELLANT/RESPONDENT:

--------------------- STATE OF KERALA, REPRESENTED BY THE SPECIAL TAHSILDAR (LA), VYTTILA.

BY SR. GOVERNMENT PLEADER SRI.R. PADMARAJ RESPONDENT/CLAIMANT:

-------------------- V.G.SOFIA, VANMANASSERY, MANJALY, REPRESENTED BY THE POWER OF ATTORNEY HOLDER, V.M.DHARMARAJAN VADAKKEDATH, CANAL ROAD, NORTH PARAVUR.

BY ADV. SRI.K.S.BABU BY ADV. SMT.N.SUDHA THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

--------------------------------------------------------- L.A.A. No.1569 of 2008 ---------------------------------------------------------- Dated this the 23rd day of September, 2015

JUDGMENT

Ramachandra Menon, J.

Heard the learned senior Government Pleader Sri. R. Padmaraj.

2. This appeal by the Government is directed against the judgment of the land acquisition reference court in a case pertaining to acquisition of land for the construction of Maliankara - Munambam Bridge, under which enhancement was granted to the respondent relying on the judgment in L.A.R. No.62/2003 of the same court.

3. Having gone through the impugned judgment, we feel that the reference court was justified in relying

L.A.A. No.1569 of 2008 -: 2 :- on the judgment in L.A.R. No.62/2003, since it was a relevant judgment. We are informed that against the aforesaid judgment, the Government had preferred appeal as L.A.A. No.618/2007. We notice that L.A.A.No.618/2007 has been dismissed by this Court confirming the enhancement granted under the aforesaid judgment. In view of the finality attained by the judgment in L.A.A. No.62/2003, no useful purpose will be served from the Government's point of view by admitting this appeal.

Accordingly, this appeal will stand dismissed in limine.

Sd/- (P.R. RAMACHANDRA MENON, JUDGE) Sd/- (K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge