IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 LA.App..No. 772 of 2010() ------------------------- LAR.242/2001 of ADL.SUB COURT, THALASSERY .................... APPELLANT(S): CLAIMANT ---------------------- KOMATH RAVEENDRAN , S/O.KORAN, AGED 54 YEARS, POUTHIYAPURAYIL HOUSE, KEEZHALLUR AMSOM, KOTHERI DESOM, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): RESPONDENT ------------------------- SPECIAL TAHSILDAR, KANNUR AIR PORT, KANNUR AT MATTANNUR. BY GOVT.PLEADER SMT.LATHA T.T.HANKAPPAN THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 772 OF 2010 ------------------------ Dated this the 14th day of July, 2010 JUDGMENT Pius C.Kuriakose, J. As directed by us, Smt.Latha T.Thankappan, learned senior Government Pleader has taken notice for the respondent. We have heard the submissions of Sri.K.V.Pavithran, learned counsel for the appellant and those of the Government Pleader. We have gone through the impugned judgment. We notice our own judgment in L.A.A. No. 1634 of 2008, under which we have refixed the value of land acquired for the same purpose pursuant to the same notification for which the Land Acquisition Officer had granted value at the rate of Rs.682/- per cent, at Rs.3,000/- per cent. We do not find any reason as to why the refixation, which have done under the judgment in L.A.A. No.1634/2008, should not be extended in this case. Hence we allow this appeal to the extent of refixing the market value of land under acquisition at Rs.3,000/- per cent. The appellant will be entitled for all statutory benefits admissible under Section 23(2), 23(1A) and Section 28 of the Act on the L.A.A. .No.772/2010. 2 total enhanced compensation to which he becomes eligible by virtue of this judgment. The Registry will issue decree copy to the appellant only upon ensuring that the entire balance court fee is remitted. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk