IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 LA.App..No. 209 of 2005() ------------------------- LAR.13/2001 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT: RESPONDENT: ------------------------------------- STATE OF KERALA. BY GOVERNMENT PLEADER K.R.DEEPA RESPONDENTS: CLAIMANT/RESPONDENT 2: ------------------------------------------------------------ 1. K.L. FRANCIS, S/O. LONA, KURISINGAL HOUSE, LOKAMALLESWARAM, KAVILKADAVU, KODUNGALLUR. (DIED) 2. THE SECRETARY, KODUNGALLUR MUNICIPALITY. ADDL. RESPONDENTS 3 TO 7 3. THRESIAMMA FRANCIS (WIFE) KURISINGAL HOUSE, PULLOT VILLAGE KOZHIKADA, CHAPPARA, KODUNGALLUR TALUK. 4. JOHNSON (SON) PULLOT VILLAGE, KOZHIKADA, CHAPPARA, KODUNGALLUR TALUK. 5. THANKACHAN (SON) KURISINGAL HOUSE, PULLOT VILLAGE KOZHIKADA, CHAPPARA, KODUNGALLUR TALUK. 6. JANCY (DAUGHTER) W/O.CHEEKKU, KALLARAKKAL HOUSE, P.O.MATHILAKAM. 7. JOY MON (SON) KURISINGAL HOUSE, PULLOT VILLAGE, KOZHIKADA, CHAPPARA, KODUNGALLUR TALUK. THE CAUSE TITLE AMENDED BY INCORPORATING THE ADDL. RESPONDENTS 3 TO 7 AS THE LEGAL REPRESENTATIVES OF THE DECEASED 1ST RESPONDENT AS PER ORDER DATED 7.2.2007 ON I.A.NO.411/07. BY ADV. SRI.M.P.ASHOK KUMAR ADDL.ADVOCATE GENERAL (RJ) THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------- L.A.A.No.209 of 2005 & C.M.Appl.No.219 of 2005 ------------------------------------------- Dated this the 17th day of January, 2008 Kurian Joseph, J. JUDGMENT C.M.Appl.No.219 of 2005 This is application for condonation of delay of 15 days in filing the appeal. On merits, it is seen that the acquisition is for the purpose of shopping complex cum market at Chala, Kodungallur. It is seen that the reference court has granted only 35% enhancement. Such enhancement is given taking note of the potential for development, the time lag between the basic document and the acquisition notification and also taking note of the access to the road. The fixation thus made by that court being sound, proper and reasonable, there is no merit in the appeal. Hence, the application and appeal are dismissed. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE csl