IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 LA.App.No. 725 of 2008 ----------------------------- LAR.294/2002 of PRINCIPAL SUB COURT, ALAPPUZHA .................... APPELLANT/RESPONDENT: -------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. RESPONDENT/CLAIMANT: ------------------------------- 1. ASOKAN, SREEBHAVAN, PATHIYANKARA, THRIKKUNNAPUZHA. 2. NATIONAL THERMAL POWER CORPORATION LTD., BY ITS POWER OF ATTORNEY HOLDER SRI. ARUN LODGE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ----------------------------------------- L.A.A. No. 725 OF 2008 ----------------------------------------- Dated this the 13th day of October, 2008. J U D G M E N T Kurian Joseph, J. C.M.Appln.No.835/2008: This is an application to condone the delay of 1015 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.294/2002 on the file of the Principal Sub Court, Alappuzha. Acquisition is for the purpose of NTPC, Kayamkulam. It is not in dispute that the requisitioning authority has filed a separate appeal in respect of the judgment under appeal. Therefore, it is not necessary for the State to pursue the appeal. Hence the application for condonation of delay and the appeal are dismissed without prejudice to the liberty to the State to take all available contentions in the appeal filed by the requisitioning authority. I.A.No.1777/2008: Dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp KURIAN JOSEPH & K.T. SANKARAN, JJ. L.A.A. No. 725 OF 2008 J U D G M E N T 13.10.2008