State Of Kerala v. John John
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 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 LA.App..No. 1626 of 2008 ( ) --------------------------- AGAINST THE JUDGMENT IN LAR 161/1995 of III ADDL.SUB COURT, ERNAKULAM DATED 30-09-2004 APPELLANT(S)/RESPONDENT IN L.A.R:
--------------------------------- STATE OF KERALA.
BY ADV. GOVERNMENT PLEADER RESPONDENT(S)/CLAIMANTS & IN L.A.R:
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1. JOHN JOHN, KUZHIVELIL HOUSE, KADUTHURUTHY.P.O, PALAKARA, VAIKOM TALUK.
2. MARYKUTTY JOHN, KUZHIVELIL HOUSE, R,R1&2 BY ADV. SRI.E.D.GEORGE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 2809-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON & K. HARILAL, JJ.
~~~~~~~~~~~~~~~~~~~~~~ L.A.A. No. 1626 of 2008 and C.M. Appln. No. 1733 of 2008 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of September, 2015
JUDGMENT
Ramachandra Menon, J.
This appeal has been preferred by the State being aggrieved of the judgment and decree dated 30.09.2004 in LAR No. 126 of 1995 and connected cases. The impugned verdict has been passed by the Reference Court based on the finding arrived at in LAR No. 74/95 series.
2. When the matter is taken up for consideration, it is brought to the notice of this Court by the learned Government Pleader that being aggrieved of the judgment in LAR No. 74 of 95 series, the State had preferred appeal by way of LAA No. 725 of 2007 and after evaluating the merit involved, interference was declined and the appeal was dismissed as per the judgment dated 05.02.2008.
3. In the said circumstances there is no merit in the appeal. As such no purpose will be served by condoning the delay involved.
L.A.A. No. 1626 of 2008 and C.M. Appln. No. 1733 of 2008 : 2 :
Accordingly, we dismiss the application to condone the delay as well as appeal.
Sd/- P. R. RAMACHANDRA MENON, JUDGE sd/- K. HARILAL, JUDGE kmd