IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
ABDUL RASHEED – Appellant
Versus
THE STATE OF KERALA – Respondent
A. Muhamed Mustaque, J.
This appeal was preferred against the judgment in a reference for apportionment under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013, (for short, “Act”). There was confusion whether an appeal would lie before this Court as against the judgment in reference under the Act.
2. This Court answered the issue recently in the judgment dated 10.11.2025 in L.A.App. No.3 of 2025 . This Court noted that a challenge against an award pertaining to apportionment in reference would lie before this Court only by invoking Article 226/227 of the Constitution of India.
Following the above judgment, we permit the appellant to withdraw this appeal, as this was mistakenly filed before this Court, with a liberty to invoke the appropriate remedy available under law. Accordingly, the appeal stands dismissed as withdrawn. The Registry shall refund the court fee paid on the memorandum of the appeal.
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