Kerala High Court
Mathew George vs The State Of Kerala on 11 April, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
RP NO. 475 OF 2023
AGAINST THE JUDGMENT DATED 29.09.2022 IN LA.App. NO.412 OF 2017 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT:
MATHEW GEORGE
AGED 64 YEARS
S/O PUNNOOSE MATHEW (LATE),
NERIATHARA HOUSE,
KURICHY P.O., KOTTAYAM,
PIN - 686532
BY ADVS.
ALEX.M.SCARIA
A.J.RIYAS
BEAS K. PONNAPPAN
SARITHA THOMAS
ALEN J. CHERUVIL
SANJITH KUMAR R.
RESPONDENTS/RESPONDENTS :
1 THE STATE OF KERALA
REPRESENTED BY DISTRICT COLLECTOR,
KOTTAYAM, PIN - 686001
2 THE SPECIAL TAHASILDAR (L.A.)
RAILWAY, KOTTAYAM,
PIN - 686001
3 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
SOUTHERN RAILWAY, KARSHAKA ROAD,
ERNAKULAM SOUTH, KOCHI,
KERALA, PIN - 682016
RP No.475 of 2023
2
BY SRI.T.K.SHAJAHAN, SR.GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.475 of 2023
3
JUDGMENT
A.Muhamed Mustaque, J.
The review petition is filed by the appellant. The review petitioner's property was originally included in 'E"
Category classifying as 'nilam'. The reference court treating it as "F' Category gave enhancement of the land value. The petitioner, thereafter placed reliance on Ext.X1 award. Ext.X1 award in fact is an agreed amount in DLPC meeting. We could not grant any enhancement based on Ext.X1 award. However, we gave a proportionate enhancement taking note of the value in total compensation given in Ext.X1 award.
2. The petitioner submits that the review petitioner may be given full opportunity to re-determinate the value of the property by adducing evidence. According to the review petitioner, the entire problem in this matter is on account of an erroneous classification of land "E" Category by the Land Acquisition Officer. In view of the fact that there is RP No.475 of 2023 4 a dreath of evidence and the petitioner wants to adduce fresh evidence, we are of the view that an opportunity can be given to the petitioner. Accordingly, we review the judgment and remand back the matter to the reference court for fresh consideration. The review petitioner is given liberty to adduce fresh evidence to prove the market value of his land. The appellant shall appear before the Court on 01.06.2024. Thereafter, the reference court shall dispose of the matter within a further period of six months. All parties are given liberty to adduce fresh evidence. The appellant is entitled for the refund of the court fee paid on memorandum of review petition and appeal.
This review petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE rkj RP No.475 of 2023 5 APPENDIX OF RP 475/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE REFERENCE PROCEEDINGS DATED 08/12/2014.
Annexure A2 CERTIFIED COPY OF G.O.(MS) NO.
51/2012/TRAN. DATED 19/09/2012.