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2024 Supreme(Online)(Ker) 68250

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
R.K.RAMAKRISHANAN – Appellant
Versus
P.C. MOOSA HAJI – Respondent


Advocates:
For the Appellants/Petitioners: CIBI THOMAS, LOHITHAKSHAN CHATHADI KANNOTH
For the Respondents: SRI.ABDUL RAOOF PALLIPATH, SMT.SYLAJA (SC), GP FOR R2

Table of Content
1. disputed land ownership and compensation claims. (Para 1 , 2 , 3)
2. claims and counterclaims over disputed land. (Para 4 , 12)
3. local investigation ordered for land identification. (Para 5 , 6 , 7)
4. reiteration of previous court directions ignored. (Para 8 , 9)
5. judgment set aside; case remanded for retrial. (Para 10 , 11 , 18)
6. court procedural errors regarding commission reports. (Para 14 , 15 , 16 , 17)

JUDGMENT

The issue involved in this appeal is the rival claims raised by the appellants and the 1st respondent over an amount of Rs.14,76,912/-, which the Land Acquisition Authorities deposited before the Additional Sub Court at Thalassery (mentioned as Reference Court hereafter, for convenience), in connection with the acquisition of an extent of 0.4828 Hectors (119 cents) comprised in Re-Survey No.27/3 of Keezhallur Village in Thalassery Taluk, for the purpose of Kannur Airport.

2. An extent of 4 acres 92 cents of land comprised in Re-Survey No.27/3 of Keezhallur Village, which belonged to the 1st respondent, was purchased directly by KINFRA, in connection with the construction of Kannur Airport. However, a reference under Section 30 of the Land Acquisitio

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