IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 LA.App..No. 1679 of 2007(D) --------------------------- LAR.309/1990 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT: ---------------------- STATE OF KERALA. BY GOVERNMENT PLEADER MR.BASANT BALAJI RESPONDENTS: CLAIMANTS: ----------------------- 1. VELAYUDHAN SREEDHARAN, CHIRAYUDETHEKKETHIL, MUTHU PILLAKKADU WEST. 2. VELAYUDHAN RAGHAVAN, CHIRAYUDETHEKKETHIL, MUTHU PILLAKKADU WEST. (DIED) *ADDL.R3 TO R9 IMPLEADED 3. KUTTIAMMA, CHIRAYUDE THEKKATHIL, MUTHUPILAKKAD WEST, KOLLAM DISTRICT. 4. SASIDHARAN C.R., CHIRAYUDE THEKKATHIL, MUTHUPILAKKAD WEST, KOLLAM DISTRICT. 5. R.THULASEEDHARAN, DO. DO. 6. VASANTHA KUMARI.K., DO. DO. 7. PRASANNA KUMARI.K., DO. DO. 8. SHEELA KUMARI.K., DO. DO. 9. ANIL KUMAR C.R., DO. DO. *ADDL. R3 TO R9 ARE IMPLEADED AS LEGAL HEIRS OF THE DECEASED 2ND RESPONDENT VIDE ORDER DT.20.2.08 IN I.A.751/08. BY ADV. SRI.B.SURESH KUMAR FOR R.1,3 TO 9 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4378 OF 2007 IN LAA NO.1679 OF 2007 DISMISSED 28.5.2008 SD/- PIUS C.KURIAKOSE, JUDGE. PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1679 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 28th May, 2008 JUDGMENT Adv.Mr.B.Sureshkumar takes notice on behalf of the respondents-claimants. He points out that in L.A.A.No.440/07 this court has confirmed the enhancement of the land value granted as per the common judgment in LAR Nos.309/90 and 89/91. The present appeal pertains to L.A.R.No.309/90 and the learned counsel submits that in view of the judgment in L.A.A.No.440/07 which pertained to LAR No.89/91, the present appeal cannot be entertained. Having gone through the judgment in L.A.A.No.440/07, I find merit in what the learned counsel submits. The appeal will stand dismissed in limine. It is made clear that the claimants will be entitled for all statutory benefits including interest on solatium in view of the principles laid down by the Constitution Bench of the Supreme Court in Sunder v. Union of India [2001(3) KLT 489(SC) ]. srd PIUS C.KURIAKOSE, JUDGE