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2004 Supreme(Ker) 548

K.PADMANABHAN NAIR
State of Kerala – Appellant
Versus
Mariyamma – Respondent


Judgment :-

State, the judgment debtor in E.P.242 of 1994 in L.A.R. No.120 of 1993 on the file of the Subordinate Judge’s Court, Thiruvananthapuram, is the revision petitioner.

2. This Civil Revision Petition is filed challenging an order passed by the executing Court proclaiming 50 cents of property comprised in Survey No.874/B of Thycaud Village, wherein the Government Rest House situate for sale in public auction. 1 hectare and 11.28 Ares of dry land comprised in Survey No.303/25 of Kazhakkuttam Menamkulam Village was acquired for a public purpose by the appellant. A notification under Section 4(1) of the Land Acquisition Act was issued on 14.5.1985. The award was passed by the Land Acquisition Officer on 31.3.1986. The land was taken possession on 4.2.1986. The land Acquisition Officer fixed the land value at Rs.2340/- per Are. On a request made by the decree holder, the Land Acquisition Officer referred the matter to the Subordinate Judge’s Court, Thruvananthapuram for considering the claim put forward by the claimants for enhancement of compensation. The case was numbered as L.A.R. No.120 of 1993. The learned Sub Judge passed a judgment and decree on 9.3.1994 fixing the land v
























































































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