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STATE OF KERALA, REP. BY versus JOJI MATHEW

High Court of Kerala

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STATE OF KERALA, REP. BY v. JOJI MATHEW - LA App No. 40 of 2007 [2007] RD-KL 1241 (16 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 40 of 2007()

1. STATE OF KERALA, REP. BY
... Petitioner

Vs

1. JOJI MATHEW,
... Respondent

2. JOSEPH ANTONY,

3. JOSEPH THOMAS,

4. JOSEPH JOSEPH,

5. LEELAMMA MATHEW,

6. JOSE MATHEW,

For Petitioner :GOVERNMENT PLEADER

For Respondent : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice A.K.BASHEER

Dated :16/01/2007

O R D E R

KURIAN JOSEPH & A.K.BASHEER,JJ.

C.M.Appln.No.52 of 2007 in L.A.A.No.40 of 2007

Dated this the 16th day of January, 2007

O R D E R

Kurian Joseph,J.

This is a petition to condone the delay of 632 days in filing the appeal. It is admitted in the affidavit that the files were received in the Advocate General's office on 2-12-2005. But the appeal is filed only in 2007. There is absolutely no explanation for the inordinate delay caused in the office of the Advocate General. Be that as it may, on merits also it is seen that the reference court has awarded only 50% of the value shown in Ext.A1 document, despite finding that the acquired property is of great tourism potential. Thus it is fairly clear that there is no chance for the appellant to succeed in the appeal. Hence it is not necessary to condone the delay. Accordingly the delay condonation petition is dismissed.

(KURIAN JOSEPH, JUDGE)

(A.K.BASHEER, JUDGE)

ahg.

KURIAN JOSEPH & A.K.BASHEER,JJ.

L.A.A.No.40 of 2007

Dated this the 16th day of January, 2007



JUDGMENT

Kurian Joseph,J.

In view of the dismissal of the petition for condonation of delay, this appeal is also dismissed.

(KURIAN JOSEPH, JUDGE)

(A.K.BASHEER, JUDGE)

ahg.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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