Sri.Viswanathan vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 03, 2024

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Citation: sooperkanoon.com/1291834
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mr. Justice S.Manu
Decided On: Jun 03, 2024
Case Number: LA.App./394/2013

Parties & Advocates

Appellant / Petitioner

Sri.Viswanathan

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice a.muhamed mustaque & the honourable mr. justice s.manu monday, the 3rd day of june 2024 / 13th jyaishta, 1946 la.app. no. 394 of 2013 against the order/judgment dated 15.07.2010 in lar no.159 of 2009 of assistant sessions court/iii additional sub court, ernakulam appellant/s: sri.viswanathan s/o.late raman, athirukunnath house, peyoli road, thrikkanarvattom desom, kochi-18, kanayannur taluk, ernakulam district. sri.babu shankar sri.vipin viswan respondent/s: 1 state of kerala represented by the special tahsildar (l.a.), ictt, vallarpadam, eloor. 2 the chairman cochin port trust, willington island, kochi-9. 3 the project director, ( sought to be impleaded ) national highways authority, 28, rack tower, edappally, kochi-. ( sought to be impleaded )sri.k.anand sr. smt.latha krishnan sri.t.k.shajahan, sr.gp this land acquisition appeal having come up for admission on 03.06.2024, the court on the same day delivered the following: laa no.394 of 2013judgmentdated this the 3rd day of june 2024a.muhamed mustaque, j.this appeal was preferred by the claimant in l.a.r.no.159/2009 on the files of the subordinate judge's court ernakulam. the appellant was not satisfied with the enhancement made by the reference court. the appellant pointed out that injudgment of this court in l.a.a.no.225/2013 and connectedmatters, wherein, for the similar land, market value was enhanced at rs.944,660/- per are. learned government pleader also submitted that enhancement was made as above. in the light of the above, we dispose this appeal re-fixing the market value of the land @ rs.944,660/- per are. however, appellant will be entitled for consequential benefits except for the interest for the period covered by the delay of 780 days. sd/ a.muhamed mustaque sd/ s.manu jm/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR. JUSTICE S.MANU MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 LA.APP. NO. 394 OF 2013 AGAINST THE ORDER/JUDGMENT DATED 15.07.2010 IN LAR NO.159 OF 2009 OF ASSISTANT SESSIONS COURT/III ADDITIONAL SUB COURT, ERNAKULAM APPELLANT/S: SRI.VISWANATHAN S/O.LATE RAMAN, ATHIRUKUNNATH HOUSE, PEYOLI ROAD, THRIKKANARVATTOM DESOM, KOCHI-18, KANAYANNUR TALUK, ERNAKULAM DISTRICT. SRI.BABU SHANKAR SRI.VIPIN VISWAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR (L.A.), ICTT, VALLARPADAM, ELOOR. 2 THE CHAIRMAN COCHIN PORT TRUST, WILLINGTON ISLAND, KOCHI-9. 3 THE PROJECT DIRECTOR, ( SOUGHT TO BE IMPLEADED ) NATIONAL HIGHWAYS AUTHORITY, 28, RACK TOWER, EDAPPALLY, KOCHI-. ( SOUGHT TO BE IMPLEADED )

SRI.K.ANAND SR. SMT.LATHA KRISHNAN Sri.T.K.Shajahan, Sr.GP THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.394 of 2013

JUDGMENT

Dated this the 3rd day of June 2024

A.Muhamed Mustaque, J.

This appeal was preferred by the claimant in L.A.R.No.159/2009 on the files of the Subordinate Judge's Court Ernakulam. The appellant was not satisfied with the enhancement made by the reference court. The appellant pointed out that in

judgment of this Court in L.A.A.No.225/2013 and connected

matters, wherein, for the similar land, market value was enhanced at Rs.944,660/- per are. Learned Government Pleader also submitted that enhancement was made as above. In the light of the above, we dispose this appeal re-fixing the market value of the land @ Rs.944,660/- per are. However, appellant will be entitled for consequential benefits except for the interest for the period covered by the delay of 780 days. Sd/ A.MUHAMED MUSTAQUE sd/ S.MANU jm/

Same Court & Year Kerala · 2024 Same Parties Sri.Viswanathan vs State of Kerala Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mr. Just...