State Of Kerala vs State Of Kerala
2021 Latest Caselaw 7663 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE A.HARIPRASAD

                                 &

           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       LA.App..No.12 OF 2021

   AGAINST THE JUDGMENT AND DECREE DATED 30-03-2019 IN LAR NO.
      172/2010 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM


APPELLANTS/RESPONDENTS IN LAR:

      1      STATE OF KERALA
             REPRESENTED BY THE DISTRICT COLLECTOR,
             THIRUVANANTHAPURAM.

      2      THE EXECUTIVE ENGINEER,
             PWD, ROADS DIVISION, THIRUVANANTHAPURAM.

             BY GOVERNMENT PLEADER SHRI SHAJAHAN T.K.

RESPONDENT/CLAIMANT IN L.A.R.:

             S.VINOD,THANAL, T.C.24/1953(1), MINCHIN ROAD,
             THYCAUDU,THIRUVANANTHAPURAM, PIN-695 014.

             BY ADV. SMT.M.HEMALATHA

          THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON
04-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 L.A.Appeal No.12/2021                       2




                     A.HARIPRASAD & ZIYAD RAHMAN A.A., JJ
                               .....................................
                             L.A.Appeal No.12 of 2021
                               .....................................
                        Dated this the 4th day of March, 2021

                                      JUDGMENT

Hariprasad, J.

Heard the learned Government Pleader and the learned counsel

appearing for respondent/claimant.

2. Appellants challenge the judgment passed by the Court of II Additional

Sub Judge, Thiruvananthapuram in L.A.R. No.172 of 2010 contending that the

enhancement awarded by the reference court is excessive.

3. Learned counsel for the respondent pointed out that the reference orders

in respect of the lands acquired by the same notification were under challenge in L.A.A.

No.51 of 2014 and connected cases and this Court on 13.06.2018 passed a common

judgment in the above mentioned appeals finding that the complaint raised by the

appellant State against the judgment of the court is not maintainable.

Having regard to the facts and circumstances, we find no merit in this

case also. Hence the appeal is dismissed.

All pending interlocutory applications will stand dismissed.

A.HARIPRASAD Judge

ZIYAD RAHMAN A.A.

Judge

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