IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 LA.App..No. 319 of 2009(D) -------------------------- LAR.73/2002 of ADDL.SUB COURT,KOLLAM .................... APPELLANT(S)/ADDL.R2: -------------- INLAND WATERWAYS AUTHORITY OF INDIA, PARAMARA SHOPPING COMPLEX, PARAMARA ROAD, KOCHI-18, REP. BY ITS DIRECTOR (NOW OFFICE AT HOUSE NO. 1/631/A, KANADIKADU AREA, MARADU P.O., KOCHI-682304) BY ADV. SRI.V.SANTHARAM, SC, IWAI RESPONDENT(S): --------------- 1. MARGRET, PRASANNALAYAM, KULANGARABHAGOM, CHAVARA, KOLLAM. 2. STATE OF KERALA-REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY SR.GOVERNMENT PLEADER SRI. BASANT BALAJI FOR R2 SRI.C.A.RAJEEV FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: LAA.319/09 ORDER ON I.A.942 OF 20009 IN LAA..319 OF 2009 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 25.1.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.319 of 2009 ---------------------------------- Dated this the 25th day of January, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Delay is condoned since we are in a position to decide the appeal immediately in favour of the respondent. 2. This appeal by requisitioning authority pertains to acquisition of property in Chavara village for the purpose of fixing terminal and widening the National Waterways No.III. The enhancement granted is 60% over what was awarded by the Land Acquisition Officer. We notice the judgment in LAA.No.1240/2009 which was in respect of same acquisition in the same village for the same purpose. According to us in view of that judgment there is no justification for entertaining this appeal any longer. Hence the appeal is dismissed. However it is made clear that if the respondents prefer any appeal, it will be open to the appellant to resist that appeal on the basis of the various grounds raised in this appeal. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb