IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 LA.App..No.957 of 2007(D) ------------------------------- LAR.127/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENT --------------------------------- THE SPECIAL TAHSILDAR (L.A.), NH - 1, KOZHIKODE. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANTS & RESPONDENTS ------------------------------------------------------ 1. KUTTIMALU AMMA, MANAVEETTIL HOUSE, KARANNOOR AMSOM, PUTHOOR DESOM, KOZHIKODE. 2. CHANDRASEKHARAN, MANAVEETTIL HOUSE, KARANNOOR AMSOM, PUTHOOR DESOM, KOZHIKODE. 3. RAVINDRAN, MANAVEETTIL HOUSE, KARANNOOR AMSOM, PUTHOOR DESOM, KOZHIKODE. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.957 of 2007 ------------------------------------------------ Dated this the 20th day of July, 2009 JUDGMENT Pius C. Kuriakose, J This appeal remains defective on the reasons that the service cannot be made on the respondents/claimants. On going through the impugned judgment we feel that the enhancement granted is not excessive. The property was in Elathur village and the acquisition was for the construction of Calicut Bye Pass. The Land Acquisition Officer awarded land value at Rs.4,600/- per cent which was re-fixed by the Reference Court at Rs.14,000/- per cent. The relevant Section 4(1) notification was in 1993. We notice that in other lands in Elathur village acquired for the same purpose pursuant to the same L. A. A. No.957 of 2007 -2- notification, this Court has granted up to Rs.25,000/- per cent. We do not find any justification for entertaining this appeal any longer. This appeal accordingly, will stand dismissed. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-