State of Kerala vs Johnson

Type Court Judgment Court Kerala Decided Oct 31, 2023

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Citation: sooperkanoon.com/1352244
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justice Johnson John
Decided On: Oct 31, 2023
Case Number: LA.App./376/2017

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Johnson

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.b.suresh kumar & the honourable mr. justice johnson john tuesday, the 31st day of october 2023 / 9th karthika, 1945 la.app. no. 376 of 2017 against the judgment and decree in lar 40/2013 of additional sub court, kottayam. appellants/respondent no.1 and 2: 1 state of kerala, represented by the district collector, kottayam 2 the special tahsildar, l.a(railway),kottayam by senior government pleader sri.t.k.shajahan respondents/claimant and 3rd respondent:1 johnson, s/o.joseph, punchathalackal house, muttuchira, vaikom taluk, pin 686 613 2 the deputy chief engineer, (construction) southern railway, ernakulam. by advs. r2 by sri.m.s.imthiyaz ahammed, sc, railways r1 by sri.j.julian xavier & sri.firoz k.robin. this land acquisition appeal having come up for admission on 31.10.2023, the court on the same day delivered the following: laa no.376 of 2017 2 p.b.suresh kumar & johnson john, jj. l.a.a. no.376 of 2017 dated this the 31st day of october, 2023.judgmentp.b.suresh kumar, j.this appeal by the state is preferred against thejudgment in lar no.40 of 2013 on the files of the additional subcourt, kottayam. the grievance of the state is that the land value fixed by the reference court is unreasonably excessive.2. in terms of the judgment rendered by us in l.a.a.no.331 of 2017 dated 31.10.2023, we have allowed the appeal preferred by the claimant in the very same proceedings against the impugned judgment and re-fixed the land value at rs.2,47,000/- per are. in the light of the said decision, this appeal is only to be dismissed and we do so. sd/-p.b.suresh kumar, judge. sd/-johnson john, judge. amk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MR. JUSTICE JOHNSON JOHN TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 LA.APP. NO. 376 OF 2017 AGAINST THE JUDGMENT AND DECREE IN LAR 40/2013 OF ADDITIONAL SUB COURT, KOTTAYAM. APPELLANTS/RESPONDENT NO.1 AND 2: 1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM 2 THE SPECIAL TAHSILDAR, L.A(RAILWAY),KOTTAYAM BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN RESPONDENTS/CLAIMANT AND 3RD RESPONDENT:
1 JOHNSON, S/O.JOSEPH, PUNCHATHALACKAL HOUSE, MUTTUCHIRA, VAIKOM TALUK, PIN 686 613 2 THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM. BY ADVS. R2 BY SRI.M.S.IMTHIYAZ AHAMMED, SC, RAILWAYS R1 BY SRI.J.JULIAN XAVIER & SRI.FIROZ K.ROBIN. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA No.376 of 2017 2 P.B.SURESH KUMAR & JOHNSON JOHN, JJ. L.A.A. No.376 of 2017 Dated this the 31st day of October, 2023.

JUDGMENT

P.B.Suresh Kumar, J.

This appeal by the State is preferred against the

judgment in LAR No.40 of 2013 on the files of the Additional Sub

Court, Kottayam. The grievance of the State is that the land value fixed by the reference court is unreasonably excessive.

2. In terms of the judgment rendered by us in L.A.A.

No.331 of 2017 dated 31.10.2023, we have allowed the appeal preferred by the claimant in the very same proceedings against the impugned judgment and re-fixed the land value at Rs.2,47,000/- per Are. In the light of the said decision, this appeal is only to be dismissed and we do so. Sd/-P.B.SURESH KUMAR, JUDGE. Sd/-JOHNSON JOHN, JUDGE. amk

Same Court & Year Kerala · 2023 Same Parties State of Kerala vs Johnson Same Judge Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mr. Justic...