SPECIAL TAHSILDAR, L.A.KOZHIKODE versus BALAN, S/O.RARICHAN, MEETHAL VEETTIL

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SPECIAL TAHSILDAR, L.A.KOZHIKODE v. BALAN, S/O.RARICHAN, MEETHAL VEETTIL - LA App No. 957 of 2005(D) [2007] RD-KL 2411 (1 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 957 of 2005(D)

1. SPECIAL TAHSILDAR, L.A.KOZHIKODE.
... Petitioner

Vs

1. BALAN, S/O.RARICHAN, MEETHAL VEETTIL,
... Respondent

2. THE SECRETARY, CALICUT CORPORATION.

For Petitioner :ADVOCATE GENERAL

For Respondent :SRI.M.GOPIKRISHNAN NAMBIAR

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice K.T.SANKARAN

Dated :01/02/2007

O R D E R

KURIAN JOSEPH & K.T.SANKARAN, JJ. C.M.Appln.1350/05 & L.A.A.No.957 of 2005 Dated 1st February, 2007.

J U D G M E N T

Kurian Joseph, J.

There is a delay of 375 days in filing the appeal. On merits, it is seen that the extent involved is only less than 5 cents. The total enhancement given is Rs.60,856/-. The claimant had produced Ext.A1 document and had taken out a commission. He was examined as AW1. Taking note of the evidence thus available on record only, the enhancement was granted. It is also seen that there is no evidence for the State. On the delay, it is seen that the certified copy of the decree and judgment was obtained from the court on 27.5.2004, whereas the appeal was filed only on 30.8.2005. There is no explanation at all for the delay. The reference court has also found that the land covered by the basic document has no road access whereas the property that is acquired is for widening the road. For  LAA NO.957/05 2 all the reasons stated above, we dismiss the delay petition as well as the appeal.

KURIAN JOSEPH, JUDGE.

K.T.SANKARAN, JUDGE.

tgs 

KURIAN JOSEPH & K.T.SANKARAN, JJ

W.P.(C) NO. OF 2004

J U D G M E N T

Dated 1st February, 2007. 

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