IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 LA.App..No. 1489 of 2005() -------------------------- LAR.12/1993 of PRINCIPAL SUB COURT,ATTINGAL .................... APPELLANT(S): RESPONDENT ------------------------ STATE OF KERALA BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2: ------------------------------------------ 1. A.M.SHAMSUDEEN,IQBAL MANZIL, KOOZHATHIL VEEDU,NADAYARA, VARKALA. 2. E.S.I.CORPORATION,REPRESENTED BY ITS REGIONAL DIRECTOR,SWARAJ ROUND NORTH, THRISSUR. ADV. SRI.SIBY MATHEW FOR R1 SRI.A.A.MOHAMMED NAZIR FOR R1 SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. FOR R2 THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P.Q.BARKATH ALI, JJ. ----------------------------------------------- LAA. No. 1489 OF 2005 ----------------------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T Pius C.Kuriakose, J. We have dismissed LAA. No. 9 of 2006, which is in respect of acquisition for the same purpose and pursuant to the very same notification. But under the impugned judgment in this case what has been awarded is only a lesser amount, but a good reason is stated by the learned Subordinate Judge for awarding a lesser amount than what was awarded to the party in LAR.No.12/93. For the reasons stated in the judgment in LAA. No. 9 of 2006 this appeal is also liable to be dismissed in the sense that challenge at the Government's instance cannot be entertained. The appeal will stand dismissed. (PIUS C.KURIAKOSE, JUDGE) (P.Q.BARKATH ALI, JUDGE) ksv/-