IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 LA.App..No. 1517 of 2008(D) --------------------------- LAR.214/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT(S): RESPONDENT ------------------------ THE STATE OF KERALA, REP.BY SPL.TAHSILDAR.LA, PWD (SC) THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI.BASANT BALAJI RESPONDENT(S): CLAIMANTS --------------- 1. R.KRISHNAMOORTHY TC 4/350,RANDAM PUTHEN THURUVU, RANAVARNAPURAM GARDEN,MUTTATHARA VILLAGE. 2. K.KASTHURI, TC 4/350,RANDAM PUTHEN THURUVU,RANAVARNAPURAM GARDEN, MUTTATHARA VILLAGE. ADV. SRI.N.KRISHNA PRASAD SRI.K.L.NARASIMHAN THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & M.C.HARI RANI, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No.1517 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2009 JUDGMENT Pius.C.Kuriakose, J. We are not inclined to admit this appeal which pertains to acquisition of land in Vanchiyoor village for the widening of the road from over bridge to Pazhavangadi pursuant to a notification under Section 4(1) which was published on 14/05/1997. The land acquisition officer awarded land value at the rate of Rs. 5,47,689/- per Are. The reference court considering the evidence which consisted of Ext.A1 judgment in LAR.No.226/98 and Exts.R1 to R4 and the testimony of DW1 would refix the land value at Rs. 17,31,306/- per Are. 2. Smt.Latha.T.Thankappan, learned senior Government Pleader would submit that Ext.A1 has not become final and that L.A.A.No.1673/07 is pending before this court. Normally, we would have ordered notice in view of the pendency of appeal against Ext.A1. But, the learned counsel for the respondent has placed before us a copy of the judgment in L.A.A.No.241/05 which arose from LAA.No.1517/08 2 L.A.R.No.223/98 on the files of Sub Court, Thiruvananthapuram. It is not disputed that L.A.R.No.223/98 is in respect of acquisition of property pursuant to the very same section 4(1) notification and for the very same purpose and that the acquisition officer had awarded the same rate to the parties in L.A.R.No.223/98 and in this case. It is seen that L.A.A.No. 241/05 was an appeal filed by the claimants and a Division Bench of this court allowing the appeal partly has refixed the market value of the acquired lands at Rs. 9,00,000/- per cent. Smt.Latha submitted that against the judgment in L.A.A.No.241/05, the Government has preferred SLP before the Supreme Court. It may be true that in view of the SLP filed by the government against L.A.A.No.241/05, the judgment in that L.A.A. has not become final. However, we feel that it is in the interests of the Government itself that we follow the judgment in L.A.A.No.241/05 and dismiss this appeal. Accordingly, this appeal will stand dismissed inlimine. PIUS.C.KURIAKOSE JUDGE M.C.HARI RANI JUDGE sv. LAA.No.1517/08 3