Kerala High Court
State Of Kerala vs State Of Kerala on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
RP.No.1014 OF 2018 IN LA.App.. 188/2017
JUDGMENT AND DECREE DATED 27.02.2017 IN LAR NO.81/2011 OF
SUB COURT, MUVATTUPUZHA
REVIEW PETITIONERS/APPELLANTS/RESPONDENTS IN L.A.R.:
1 STATE OF KERALA
REPRESENTED BY THE DISTRICT COLLECTOR,
ERNAKULAM.
2 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, MUVATTUPUZHA.
BY GOVERNMENT PLEADER SHRI SHAJAHAN
RESPONDENT/RESPONDENT/CLAIMANT IN L.A.R.:
JOHN THOMAS,
VALIYAPARAMBIL HOUSE, SOUTH PAROOR KARA,
MANAKKUNNAM VILLAGE, KANAYANNOOR TALUK-682
307.
BY ADV. SHRI DOMSON J.VATTAKUZHY
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
18.01.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
A.HARIPRASAD
.............................................
R.P.No.1014 of 2018
in
L.A.A.No.188 of 2017
.............................................
Dated this the 18th day of January, 2021
ORDER
Heard the learned Government Pleader who represents the
State in the review petition and the learned counsel for the respondent.
2. This Court as per judgment dated 15.10.2018 disposed of
the Land Acquisition Appeal with the following directions:
"In the result, the appeal is allowed. The impugned
judgment and decree passed by the court below in
L.A.R.No.81 of 2011 is set aside. The land value is
redetermined at the rate of 11,10,675/- per Are. The
claimant is entitled to get proportionate amount for the
land acquired from his ownership and possession. He is
also entitled to get other statutory benefits at the above
rate."
3. Learned Government Pleader pointed out that when the
matter was pending before the Reference Court, the reference was once
dismissed and later it was restored to file. No dispute is raised regarding
the correctness of that order. At that juncture, the Sub Judge,
Muvattupuzha passed an order dated 30.08.2016 on I.A.No.1055 of
R.P.No.1014 of 2018
2015 in LA.R.No.81 of 2011 reading thus:
"Counter filed. Heard. Respondent submitted that
interest from the period of dismissal may be deducted.
No objection to petitioner. So petition is allowed with
condition to deduct interest from the date of dismissal of
L A R till today (date of restoration)."
This aspect was not brought to the notice of this Court at the time of
disposal of Land Acquisition Appeal. Therefore, in the operative portion
of the appellate judgment, the following sentence shall be added:
Claimant will be entitled to get statutory interest excluding the
period from 12.04.2012 to 31.08.2016 during which LA.R.No.81 of 2011
before the Sub Court, Muvattupuzha was not on the file due to its
dismissal for default.
Review petition is disposed of. Registry shall give a
reviewed copy of the judgment to parties on usual terms.
All pending interlocutory applications are closed.
A.HARIPRASAD
JUDGE
cks
