IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 LA.App..No. 998 of 2009(D) -------------------------- LAR.82/2002 of SUB COURT, CHERTHALA .................... APPELLANT(S): RESPONDENT NO.1 IN LAR: ----------------------------------------------- STATE OF KERALA. BY SR. GOVERNMENT PLEADER SMT.LATHA T. THANKAPPAN RESPONDENT(S): CLAIMANT & RESPONDENT NO.2 IN LAR: ----------------------------------------------------------------- 1. RAJASEKHARAN, MENOMKATTILPUTHENPURAYIL, PALLIPPURAM. 2. THE MANAGING DIRECTOR, KSIDC, THIRUVANANTHAPURAM SRI.D.KRISHNANKUTTY PILLAI, SC, KSIDC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ. ------------------------------------------------ L. A. A. No.998 of 2009 ------------------------------------------------ Dated this the 25th day of August, 2009 JUDGMENT Pius C. Kuriakose, J Heard Smt.Latha T. Thankappan, the learned Senior Government Pleader and Sri.D.Krishnankutty Pillai, the Standing Counsel for the KSIDC. 2. This appeal pertains to re-fixation of compensation for the properties in Pallippuram village which were acquired for the purpose of establishment of the Industrial Growth Centre of the second respondent at Pallippuram in Cherthala thaluk. We are informed that the enhancement at the rate granted under the impugned judgment has been approved by this Court in many other cases. In fact in one case, L. A. A. No.998 of 2009 -2- the rate was approved by the Supreme Court also. We do not find any warrant for interference with the re- fixation of the market value by the learned Subordinate Judge under the impugned judgment. At the same time, we notice some genuineness in a grievance which is voiced by the learned Senior Government Pleader, Smt.Latha T. Thankappan. She submitted that pursuant to order dt.25/03/09 passed by the execution court in E.A. No.120/08 in E.P.30/07 in L.A.R.82/02, Treasury Account No.0039 of the Excise Department is under attachment and hence, that Department which has nothing to do with the acquisition has been disabled from operating the account. The learned senior Government Pleader submitted that such freezing of the Treasury Account of the Excise Department during the current festival L. A. A. No.998 of 2009 -3- season is resulting in extreme hardship for that Department. According to the senior learned Government Pleader, it is for the second respondent in the LAR/KSIDC to deposit the amounts and in a number of other cases pertaining to the same acquisition, the KSIDC has already deposited amounts. 3. Noticing the genuineness in the grievance voiced by the senior Government Pleader, we are of the view that even as we dismiss the LAA as being without merits, a direction can be issued so that the grievance of the Government can be redressed. Accordingly, LAA is dismissed. The order of the learned Subordinate Judge dt.25/03/09 passed by the execution court in E.A. No.120/08 in E.P.30/07 in L.A.R.82/02 is vacated. The second respondent/ Managing Director of KSIDC, Thiruvananthapuram is L. A. A. No.998 of 2009 -4- directed to deposit the entire decree debt due to the party respondent within one month. PIUS C. KURIAKOSE JUDGE K. SURENDRA MOHAN JUDGE kns/-