High Court of KeralaLA.App./1807/2008dismissed

State Of Kerala v. T.A. Kuruvila

2015-09-28Honourable 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 MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 LA.App..No. 1807 of 2008 ( ) --------------------------- AGAINST THE ORDER/JUDGMENT IN LAR 8/2003 of SUB COURT, MAVELIKKARA DATED 25-01-2007 APPELLANT(S)/RESPONDENT:

---------------------------------------------- STATE OF KERALA REP.BY ADDITIONAL GOVERNMENT PLEADER, MAVELIKKARA.

BY SENIOR GOVERNMENT PLEADER SRI. R. PADMARAJ RESPONDENT(S)/CLAIMANT:

----------------------- T.A.KURUVILA, THAMARAPALLY, MUZHUKEER MURI, VADAKKEKARA VILLAGE.

R. BY ADV. SRI.V.ABRAHAM MARKOS R. BY ADV. SRI.BINU MATHEW R. BY ADV. SRI.TOM THOMAS (KAKKUZHIYIL) R. BY ADV. SRI.ABRAHAM JOSEPH MARKOS R. BY ADV. SRI.ABRAHAM VARGHESE THARAKAN 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.

~~~~~~~~~~~~~~~~~~~~~~ LAA No. 1807 of 2008 and C.M. Appln. No. 1807 of 2008 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 28th day of September, 2015

JUDGMENT

Ramachandra Menon, J.

The appeal has been preferred by the State being aggrieved of the judgment and decree dated 25.01.2007 in LAR No. 8 of 2003 passed by the Sub Court, Mavelikkara. Delay of 200 days in filing the appeal is sought to be condoned by filing C.M. Appln No. 1878 of 2008.

2. When the matter taken up for consideration, it is brought to the notice of this Court that the verdict passed by the reference Court is mainly based on LAR Nos. 9 of 2003 and 10 of 2003. The verdict passed by the reference Court in LAR No. 10 of 2003 had already been subjected to challenge by way of LAA No. 1472 of 2008. After considering the merit involved, interference was declined and the appeal was dismissed by this Court as per the verdict dated 24.09.09. In the said circumstances, nothing further remains to be considered in the appeal and no purpose will be served by causing the delay to be

LAA No. 1807 of 2008 and C.M. Appln. No. 1807 of 2008 : 2 :

condoned. Both the delay petition and the appeal stand dismissed accordingly.

sd/- P. R. RAMACHANDRA MENON, JUDGE sd/- K. HARILAL, JUDGE kmd /True copy/ P.A. to Judge