Stateof Kerala Represented vs Gopakumar on 16 March, 2012

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Kerala High Court

Stateof Kerala Represented vs Gopakumar on 16 March, 2012

Bench: K.Surendra Mohan

        

 
IN THE HIGH COURT OF KERALAAT ERNAKULAM

                                             PRESENT:

             THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
                                                  &
            THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

      THURSDAY,THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938

                                   LA.App..No. 145 of 2014 ()
                                  ------------------------------------
        LAR 151/2009 of IIADDL.SUB COURT,THIRUVANANTHAPURAM.

APPELLANT(S)/APPELLANTS:
-----------------------------------------

       1. STATEOF KERALA REPRESENTED
          BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

       2. THE EXECUTIVE ENGINEER,
          PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM.


        BY GOVERNMENT PLEADER SMT. K. AMMINIKUTTY

RESPONDENT(S)/CLAIMANT:
----------------------------------------

              GOPAKUMAR,S/O. KESAVA PILLAI,
              S/O.KESAVAPILLAI, KESAVA VILASOM, PLANKALMUKKU,
              THRIKKANNAPURAM, THIRUVANANTHAPURAM 695 001.


                 BYADV. SRI.J.HARIKUMAR

             THIS LAND ACQUISITION APPEAL                           HAVING COME UP FOR
ADMISSION ON 13-10-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:



        K. SURENDRA MOHAN & K. ABRAHAM MATHEW, JJ.
                 - - -L.A.A.- - - --- - - ------- -
                       - -

            Dated-this the 13-th day-of October, 2016.
                   - - - - -No.-145-of-2014 - -


                            JUDGMENT

Surendra Mohan, J.

The State is in appeal against the judgment and decree in L.A.R. No. 151 of 2009 of the IInd Additional Sub Court, Thiruvananthapuram dated 16.3.2012. Adv. J. Harikumar appears for the respondent.

2. Heard. The counsel on both sides submit that similar appeals have been allowed by this Court, setting aside the judgment of the Reference Court and remanding the matter for fresh consideration. According to the counsel, this case is also similar and therefore, this appeal is also to be allowed for the very same reasons.

3. Having considered the submissions of the respective counsel, we are satisfied that it is necessary to remand this matter also, for fresh consideration of the IInd LAA.145/2014.

Additional Sub Court, Thiruvananthapuram, for the reasons stated by this Court in the judgment dated 16.11.2015 in L.A.A. No. 53 of 2013.

In the above circumstances, the judgment and decree appealed against are set aside and the matter is remanded to the IInd Additional Sub Court, Thiruvananthapuram for fresh consideration and disposal. We further direct that the Reference Court shall consider the matter and finally dispose of the same within a period of four months from the date of receipt of a copy of this judgment.

K. SURENDRA MOHAN JUDGE K. ABRAHAM MATHEW JUDGE sb

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