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JOHN, S/O.MANI, VARANGANA PUTHOOR versus THE STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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JOHN, S/O.MANI, VARANGANA PUTHOOR v. THE STATE OF KERALA, REPRESENTED BY THE - LA App No. 1056 of 2005(D) [2007] RD-KL 3713 (20 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 1056 of 2005(D)

1. JOHN, S/O.MANI, VARANGANA PUTHOOR,
... Petitioner

2. KURIAKOSE, S/O.MANI, VARANGARA PUTHOOR,

Vs

1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.RAJEEV V.KURUP

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :20/02/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

L.A.A .NO. 1056 OF 2005 Dated 20th February 2007

J U D G M E N T

Learned counsel appearing for appellants and learned Government Pleader were heard.

2. Claim for enhanced compensation raised by appellants were referred to the court under Section 18 of Land Acquisition Act. Land Acquisition court took up the case as L.A.R.82/02. On 27/11/2003 for the reason that there was no representation for claimant and no evidence was adduced, reference case was dismissed confirming the award granted by Land Acquisition Officer. This appeal is filed challenging the said judgment.

3. Learned counsel appearing for appellants pointed out that in L.A.R.75/02 for nearby properties acquired under the same notification, same court has granted enhanced compensation and appellants were not aware of posting of the case and finding that L.A.R case has been disposed they filed an application under Order IX Rule 9 of Code of Civil Procedure to 2 restore the case but it was dismissed and in such circumstances, an opportunity should be granted to prove the case. In such circumstances, in the interest of justice appellants are to be granted an opportunity to have a decision on merit. Appeal is allowed. Judgment in L.A.R.82/02 on the file of Additional Sub court, Kottayam is set aside. L.A.R is restored to file and is remanded back to learned Sub Judge for disposal in accordance with law. Parties are directed to appear before Sub court on 10/4/2007. Refund half of the court fee payable. M.SASIDHARAN NAMBIAR,

JUDGE.

uj.


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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