IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 LA.App..No. 1125 of 2008() -------------------------- (LAR 191/02 OF PRL.SUB COURT, ALAPPUZHA) APPELLANT: ----------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ALAPUZHA. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW.. RESPONDENTS: ------------- 1. BALAKRISHNA PILLAI, KOLLACKAI VEEDU, KANJOOR, KOTTAKKAKOM MURI,CHEPPAD. 2. THE ADDITIONAL GENERAL MANAGER, NTPC, KAYAMKULAM. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A.No.1125 of 2008 & C.M.Appln.No.1150 of 2008 ----------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.1150 of 2008 is an application to condone the delay of 1127 days in filing the appeal. The challenge is on the judgment and decree in L.A.R.No.191/2002 on the file of the Sub Court, Alappuzha. The acquisition is for NTPC, the second respondent. It is seen that the second respondent requisitioning authority has filed appeal as L.A.A.No.836/2005. Therefore, it is unnecessary to prosecute this appeal by the State. The same is dismissed as withdrawn without prejudice to the liberty to the appellant to take all available contentions in the appeal filed by the requisitioning authority. C.M.Appln.No.1150/2008 is dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- L.A.A.No.1125 of 2008 ---------------------------- JUDGMENT 13th August, 2008