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 10TH MARCH 2010 / 19TH PHALGUNA 1931 LA.App..No. 2391 of 2008() -------------------------- LAR.20/2005 of SUB COURT, PAYYANNUR .................... APPELLANT(S): RESPONDENT ------------------------ THE SPECIAL TAHSILDAR (LA), THALASSERY. SENIOR GOVT.PLEADER MS.LATHA T.THANKAPPAN RESPONDENT(S): CLAIMANT ----------------------- KANAYIKKARAN PUTHIYAPURAYIL DAMODARAN, CHERUTHAZHAM AMSOM P.O.EZHILODE NEAR AZHIKKODAN CENTRE, KANNUR DISTRICT. ADV. MR. SERGI JOSEPH THOMAS THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- L.A.A. No.2391 of 2008 ---------------------------------- Dated this the 10th day of March, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. There is some technical force in some of the grounds raised in this appeal. However, as we scan the records we find that the claimant respondent had already sent a letter dt.15.2.2000 requesting the Land Acquisition Officer to consider his second application dt.15.5.1998 filed on the basis of decree in LAR.No.120/87. It is after receiving that request that the awarding officer passed his award on the basis of the first application. The first application had already been withdrawn by the party. The reference court on perusal of the records noticed the above aspect and answered the reference under Section 28A(3). We are of the view that the reference court's action cannot be blamed. In view of the finality attained by the judgment in LAR.120/87 we do not find warrant any interference. Appeal is dismissed. No costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb