State Of Kerala vs Sajith Kumar
2024 Latest Caselaw 13310 Ker

Kerala High Court

State Of Kerala vs Sajith Kumar on 23 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

LA.APP. NO. 230 OF 2013
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                    &
                   THE HONOURABLE MR. JUSTICE S.MANU
        WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
                        LA.APP. NO. 230 OF 2013
AGAINST THE ORDER/JUDGMENT DATED 27.08.2009 IN LAR NO.47 OF 2006
OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD
APPELLANT/S:

    1      STATE OF KERALA

    2      THE EXECUTIVE ENGINEER
           K.S.T.P PULEMON, KOTTARAKKARA.

           BY ADV GOVERNMENT PLEADER      SRI.T.K.SHAJAHAN



RESPONDENT/S:

           SAJITH KUMAR
           S/O.SASIDHARAN NAIR, VILAYIL VEEDU, POOLANTHARA,
           KOLIYACODE.

           BY ADVS.
           SMT.MEENA.A.
           SRI.VINOD RAVINDRANATH
           SMT.M.R.MINI
           SRI.ASHWIN SATHYANATH
           SRI.ROHIT NANDAKUMAR
           SRI.K.C.KIRAN




     THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 LA.APP. NO. 230 OF 2013
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                                JUDGMENT

Dated this the 29TH day of May 2024

S.Manu, J.

This LAA has been filed by the State challenging the

judgment in L.A.R. No.47/2006 on the files of the sub

court, Nedumangad. The land value in the L.A.R 47/2006

was fixed on the basis of the judgment L.A.R.No.41/2006

of the same court. State had come up in appeal in

L.A.A.No.334/2012 against the said judgment. Learned

Single Judge of this Court by judgment dated 10.01.2018

allowed the appeal and the judgment in L.A.R.No.41/2006

was set aside. The case was remitted back to the referene

court for fresh consideration.

2. On verification, it is found that the matter is still

pending before the Sub Court, Nedumangad. No other

reasons has been given in the judgment in this case for

enhancement, other than the reliance placed on the value

fixed in L.A.R.41/2006.

LA.APP. NO. 230 OF 2013

3. Therefore, we find it appropriate to set aside the

judgment in this case also and to remit back the matter for

consideration by the reference Court. We make it clear that

parties shall be at liberty to adduce fresh evidence.

The L.A.A. Is disposed of as above.

SD/ A.MUHAMED MUSTAQUE JUDGE

SD/ S.MANU JUDGE

jm/