IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 LA.App..No. 187 of 2009() ------------------------------- LAR.207/1997 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S):RESPONDENT ---------------------------------- THE SPECIAL TAHSILDAR, LA (NH II) KOZHIKODE. BY GOVT.PLEADER SMT. T.T.JOSEPHINA RESPONDENT(S):CLAIMANT --------------------------------- AMBILARAMABATH LOHITHAKSHAN, AMBILARAMBATH HOUSE, THALAKKULATHUR PO. R1 BY ADV. SRI.JESWIN P.VARGHESE THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.187 of 2009 ------------------------------- Dated this the 5th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. On 24.5.2011 when this appeal came up for consideration the learned Government Pleader referred to L.A.A.No.1053 of 2010 and submitted that under that judgment the market value of the identical land is refixed at Rs.18,000/-, hence this appeal should also be allowed and the market value of land under acquisition in this case should be refixed at Rs.18,000/- per cent. The response of Sri.Jeswin P.Varghese learned counsel for the respondents was that an R.P. is filed in respect of L.A.A.No.1053 of 2010. Today, there is no representation when the case is taken up. The Registry reports that no R.P. Is filed in respect of L.A.A.No.1053 of 2010. Under the above circumstances, we are inclined to allow this appeal and refix the market value 2 L.A.A.No.187 of 2009 of the land under acquisition at Rs.18,000/- per cent. It is refixed accordingly. The appellant will be entitled for all statutory benefits admissible under Sections 23(2), 23(1A) and under Section 28 of the Land Acquisition Act, on the total refixed compensation. The parties are directed to suffer their respective costs. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/