Karunakaran v. The Special Tahsildar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 RP.No. 622 of 2013 () IN LA.App..1594/2008 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN LA.App. 1594/2008 of HIGH COURT OF KERALA DATED 06-10-2009 REVIEW PETITIONER/APPELLANT:
---------------------------- KARUNAKARAN S/O.PARAN, KARUVANPARAMBIL HOUSE, PUZHAKKAL THRISSUR.
BY ADV. SRI.DILIP J. AKKARA RESPONDENTS/RESPONDENTS:
--------------------------
1. THE SPECIAL TAHSILDAR L.A.GENERAL, THRISSUR-1, PIN 680001.
2. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, AYYANTHOLE P.O.
THRISSUR-680003.
3. THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE P.O., THRISSUR-680003. ALOYSIUS THOMAS, SR. GOVERNMENT PLEADER THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RKC
K.SURENDRA MOHAN & P.V.ASHA,JJ.
----------------------------------------- R.P.No.622 of 2013 in L.A.A.No.1594 of 2008 ----------------------------------------- Dated this the 26th day of March, 2015
ORDER
SURENDRA MOHAN, J.
The petitioner, appellant in L.A.A.No.1594 of 2008, seeks review of the judgment in the said appeal dated 6.10.2009 to correct a mistake therein. It is stated that on 6.10.2009 due to a mistake by the then Government Pleader, the appeal was allowed fixing the land value at 7,500/- per are. The judgment was ₹ rendered following the judgment in L.A.A.No.53 of 2007. However, the compensation granted in the said case had been subsequently modified to 8,050/- per cent which was not ₹ noticed at that time. It is pointed out that, accepting the said mistake this Court has already reviewed and corrected the judgments in other connected cases. The petitioner seeks the said benefit in this review petition also.
2. Heard. We notice that, the judgment in L.A.A.No.53 of 2007 had been modified by this Court on 17.12.2012 refixing the
R.P.No.622 of 2013 in L.A.A.No.1594 of 2008 value at 8,050/- per cent. In view of the above, the petitioner is ₹ also entitled to the said benefit.
For the above reason, this review petition is allowed. The judgment dated 6.10.2009 in L.A.A.No.1594 of 2008 is reviewed and modified, refixing the value of land at 8,050/- per cent. It is ₹ further provided that the petitioner shall not be entitled to the statutory benefits under section 28 of the Land Acquisition Act on the amount of compensation enhanced consequent to the order in this review petition, for the period of delay that has been condoned as per order in C.M.Appln. No.655 of 2013. sd/- K.SURENDRA MOHAN, JUDGE.
sd/- P.V.ASHA, JUDGE.
rkc.