IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 LA.App..No. 64 of 2011(A) ------------------------------------ [LAR.NO.43/2007 OF II ADDITIONAL SUB COURT,THIRUVANANTHAPURAM] .................... APPELLANT/CLAIMANT: ----------------------------------- SOMASEKHARAN NAIR, S/O.PARAMESWARAN PILLAI, VALIYAVEEDU, AMBADY, T.C.10/1507, PULIKKAVILA LANE, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF CONSTRUCTION ENGINEER, CIVIL ENGINEERING DIVISION, DEPARTMENT OF SPACE, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT. JOSEPHINA, R2 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- L.A.A.No.64 of 2011 ------------------------------- Dated this the 28th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Having regard to the submissions before us by Mr.Thirumala P. K.Mani, learned counsel for the appellant and Smt.T.T.Josephina, learned Government Pleader and having taking into account various judgments of this Court including that of in L.A.A.Nos.411 of 2010, 355 of 2010, 1136 of 2010, 1137 of 2010, 1138 of 2010, 1140 of 2010, 273 of 2010, which were all cases pertaining to acquisition of properties for the same purpose in the same village, we are inclined to decide this case. But since all properties belonged to category one, we are of the view that, there is justification for enhancing the land value fixed by the learned Sub Judge at Rs.35,496/- considerably. Relying on the judgments referred to, we allow this appeal and refix the market value of the land under acquisition at Rs.3,90,456/-. 2 L.A.A.No.64 of 2011 The appeal is allowed to the above extent. The appellant will be entitled for all statutory benefits also. However, while decrees are prepared, the concerned section will have due regard to the conditions if any imposed by this Court in its order dated 27.1.2011 in C.M.A.No.150 of 2011. It shall be also ensured that before issuing decree copy, the full court fee on the appeal memorandum is remitted. The parties are directed to suffer their respective costs. Sd/- PIUS.C.KURIAKOSE, JUDGE Sd/- C.K.ABDUL REHIM, JUDGE ami/ The words "per Are" are inserted after the figure "Rs.3,90,456" in the last line of first page of the judgment dated 28/07/2011 in L.A.A.64/2011, vide order dated 31/10/2012 in I.A.1314/2012. Sd/- Registrar (Judicial)