IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 LA.App..No. 2245 of 2008() -------------------------- LAR.84/2004 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, PWD (ROADS SECTION), CANTONMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW. RESPONDENT(S): CLAIMANT ----------------------- ANIL KUMAR.S, SURIYA SOMA, TC/6/427, PRASANTH NAGAR, AKKULAM ROAD, THIRUVANANTHAPURAM. THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ORDERS ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ----------------------------------------- L.A.A.No.2245 of 2008 & C.M.Appln.No.2296 of 2008 ----------------------------------------- Dated this the 1st day of December, 2008 JUDGMENT Kurian Joseph,J. C.M.Appln.No.2296 of 2008 is an application for condoning the delay of 7 days in filing the appeal. On merits it is seen that the appeal is filed against the judgment and decree in L.A.R.No.84/2004 on the file of the Sub Court, Thiruvananthapuram. The acquisition is for the purpose of construction of four line road from Ulloor Junction, Kuzhivila National Bye-pass. The extent involved is 0.32 Ares and the total enhanced land value is only Rs.32,423/-. Such fixation is made based on the evidence of AW1. There is no evidence on the side of the respondent. The reference court has relied on Ext.A1 sale deed as similar and comparable. In the above circumstances we do not think that the appeal should be heard on merits. Accordingly the application and the appeal are dismissed. I.A.No.5000/2008 is also dismissed. (KURIAN JOSEPH, JUDGE) (K.T.SANKARAN, JUDGE) ahg. KURIAN JOSEPH & K.T.SANKARAN, JJ. --------------------------- L.A.A.No.2245 of 2008 & C.M.Appln.No.2296 of 2008 ---------------------------- JUDGMENT 1st December 2008