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THE SENIOR REGIONAL MANAGER versus SPECIAL MTAHASILDAR (L.A), THALASSERY

High Court of Kerala

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THE SENIOR REGIONAL MANAGER v. SPECIAL MTAHASILDAR (L.A), THALASSERY - LA App No. 76 of 2002(D) [2007] RD-KL 16980 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 76 of 2002(D)

1. THE SENIOR REGIONAL MANAGER,
... Petitioner

Vs

1. SPECIAL MTAHASILDAR (L.A), THALASSERY
... Respondent

2. KIZHAKKE VEETTIL PARVATHI AMMA,

For Petitioner :GOVERNMENT PLEADER

For Respondent :SRI.T.G.RAJENDRAN

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice HARUN-UL-RASHID

Dated :07/09/2007

O R D E R

KURIAN JOSEPH & HARUN-UL-RASHID, JJ.

L.A.A. NO.76 OF 2002 & Cross Objection 57/03 Dated 7th September, 2007.

J U D G M E N T

Kurian Joseph, J.

This appeal is directed against the judgment and decree in L.A.R.No.485/97 on the file of the Sub Court, Kozhikode. The acquisition is for the purpose of Calicut Bypass. The Reference Court has relied on the judgment in L.A.R.450/97. It is brought to our notice that this Court has already remanded the matter by judgment in L.A.A.542/01 and connected cases. For parity of reasons, we set aside the judgment and decree in L.A.R.485/97 and remit the matter to the Sub Court, Kozhikode to be tried along with L.A.R.450/97.

2. Since we have remanded the reference to the court below, it is only appropriate that the claimants are given a fresh opportunity before the reference court itself, in respect also of the contentions taken in the Cross Objection. Therefore, the Cross Objection is also disposed of with liberty to the cross objector to take up all available contentions before the reference LAA NO. 76/02 2 court. In view of the orders as above in the appeal and Cross Objection, the cross objector shall be entitled to refund of the court fee.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

L.A.A. NO.76 OF 2002 & C.O.57/03

J U D G M E N T

Dated 7th September, 2007.


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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