IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 2420 of 2008() -------------------------- LAR.127/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT:- ------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY ADV. MR. BENNY VARGHESE, GOVERNMENT PLEADER RESPONDENT/CLAIMANT:- ------------------------------ S.VIJAYAKUMAR, S/O.SREEDHARAN, KAVUVILA VEEDU, MANNAMTHALA, VHANCHERIVILA, NALANCHIRA, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== L.A.A. No. 2420 of 2008 ========================== Dated this the 23rd day of June, 2009. JUDGMENT An extent of 25 sq. metres of land comprised in Survey No. 125/39 of Ulloor village in Thiruvananthapuram District along with another parcel of land was compulsorily acquired by the State for the purpose of construction of a four line road from Kesavadasapuram to Mannamthala reach II. The notification under Section 4(1) of the Land Acquisition was published on 06.07.1999. The award was passed on 04.08.2000. The land was taken possession of on 14.08.2000. The Land Acquisition Officer had fixed the land value at Rs.1,40,605/- per Are. On a reference at the instance of the claimant, the court below in L.A.R. No. 127 of 2001 enhanced the land value to Rs.2 lakhs per Are. The court below relied on Ext.A1 judgment of that court in L.A.R. No. 131 of 2001 where in adjacent lands were acquired for the very same purpose. The land value fixed under Ext.A1 judgment has been upheld by this Court in L.A.A. No. 2334 of 2008 filed by the State challenging Ext.A1 judgment. This Court L.A.A. No. 2420/2008 : 2 : dismissed the said appeal on 12.12.2008. If so, the basis for fixing the land value in the present case stands confirmed by this Court. Consequently, no useful purpose will be served by admitting this appeal and keeping the same pending. This appeal is accordingly dismissed in limine. Dated this the 23rd day of June, 2009. V. RAMKUMAR, JUDGE. Rv L.A.A. No. 2420/2008 : 3 : V. RAMKUMAR , J. ========================== C.M. Appln. No. 2490 of 2008 in L.A.A. No. 2420 of 2008 ========================== Dated this the 23rd day of June, 2009. ORDER This is a petition to condone the delay of 315 days in filing the appeal. Even though the respondent has been duly served, he has not chosen to enter appearance or file a counter affidavit. Having regard to the averments in the affidavit in support of the petition, the delay is condoned. Dated this the 23rd day of June, 2009. V. RAMKUMAR, JUDGE. rv L.A.A. No. 2420/2008 : 4 : L.A.A. No. 2420/2008 : 5 :