IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 LA.App..No. 352 of 2008() ------------------------- LAR.44/2003 of SUB COURT,THODUPUZHA .................... APPELLANT: RESPONDENTS: ----------------------- STATE OF KERALA REP. BY THE DISTRICT COLLECTOR, IDUKKI. BY GOVERNMENT PLEADER SRI.BASANTH BALAJI RESPONDENTS: OCCUPANT CLAIMANT: ------------------------------- SUKUMARA PILLAI, S/O. NARAYANA PILLAI, PERUMPILLIL HOUSE, THODUPUZHA. BY ADV. SRI.M.G.KARTHIKEYAN FOR R1 THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO. 791/2008 IN L.A.A. NO. 352/2008 DISMISSED 4.7.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. PIUS C. KURIAKOSE, J. ---------------------------------- L.A.A. NO. 352 of 2008 ---------------------------------- Dated this the 4th day of July , 2008 JUDGMENT This appeal pertains to the acquisition of 0.34 Ares of land for widening of Vengalloor Managattukavala Road within the limits of the Thodupuzha Municipality pursuant to a notification under Section 4 (1) dated 1.6.1999. As against the award of Rs.5,500/- per cent fixed as land value by the Land Acquisition Officer, the reference court refixed the land value at Rs.39,500/-. The evidence before the reference court consisted mainly of the commissioner's reports ( C1 & C1(a) and Ext.A2 common judgment in L.A.R. No.51/03 and L.A.R. No.69/2002 and Ext.A4 common judgment in L.A.R. No.45/2003 & L.A.R. No.40/03. The learned Subordinate Judge found that properties covered by A2 and A4 were situated very near to the acquired properties and were covered by the very same 4 (1) notification and had been categorized by the Land Acquisition Officer in the same category as that of the acquired properties. On going through the judgment of the reference court, I am of the view that the learned subordinate judge was justified in placing L.A.A. No.352/2008 2 reliance on Exts.A2 and A4. It is brought to my notice that both Exts.A2 and A4 have been confirmed by this court by dismissing the appeal. Copy of the common judgment in L.AA. 920/2007 & 581/2007 arising from Ext.A4 was placed before me and that judgment will also show that Exts.A2 and A4 have been confirmed by this court. The position being so, I am of the view that no useful purpose will be served from the Government's point of view by admitting this appeal. The appeal will stand dismissed in limine. PIUS C. KURIAKOSE JUDGE dpk