IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 LA.App..No. 699 of 2007(D) -------------------------- LAR.198/1996 of PRL.SUB COURT, KOZHIKODE .................... APPELLANT(S): RESPONDENTS: -------------------------- STATE OF KERALA REPRESENTED BY THE SPCIAL TAHSILDAR, LA(NH)-II, KOZHIKODE. BY GOVERNMENT PLEADER SMT.LATHA T.THANKAPPAN RESPONDENT(S): CLAILMANTS: -------------------------- 1. P.K.PRAKASHAN, PATHUKANDATHIL HOUSE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 2. P.K.GANGADHARAN, PATHUKANDATHIL HOUSE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 3. P.K.SATHYABHAMA, PATHUKANDATHIL TALUK, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 4. P.K.BABU, PATHUKANDATHIL HOUSE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 5. P.K.AJAYAN, PATHUMANDATHIL HOUSE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 6. P.K.PARTHAN, PATHUKANDATHIL HOUSE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1-3,5 SMT.C.G.PREETHA FOR R1-3,5 SMT.P.RANI DIOTHIMA FOR R1-3,5 SRI.P.S.SREEDHARAN PILLAI FOR R4 SMT.C.G.PREETHA FOR R4 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ. ------------------------ L.A.A.No.699 OF 2007 ------------------------ Dated this the 16th day of July, 2009 JUDGMENT Pius C.Kuriakose, J. This appeal is coming up in defect list on the reason that service is not completed. On going through the impugned judgment, we are of the view that the appeal need not be entertained in view of the subsequent judgment of this court, which pertains to acquisition of land in Thalakkulathur Village for the purpose of Kozhikode Bye-Pass pursuant to Section 4(1) notification published on 15/1/1993. The land acquisition officer awarded land vale at the rate of Rs.5,612/- per cent, which was enhanced by the reference court on the basis of the evidence which came on record at Rs.15,000/- per cent. It is noticed that for lands in the same village acquired for the same purpose pursuant to the same notification value at the rate of Rs.15,000/- and even more has been granted by this court in other cases. L.A.A..No.699/2007 2 This appeal will stand dismissed . PIUS C.KURIAKOSE,JUDGE P.Q.BARKATH ALI, JUDGE dpk