IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 LA.App..No. 54 of 2008() ------------------------ LAR.42/2005 of SUB COURT,NEYYATTINKARA .................... APPELLANT/ RESPONDENT: ------------------------- STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. LATHA T. THANKAPPAN RESPONDENT/ CLAIMANT/RESPONDENT: ------------------------------------ RAJAYYAN NADAR, VATTAVILA, MUKKAVANKUZHI, MUKKOLA. ADV. SRI.R.S.KALKURA SR.IB.S.SUGUNAVARMA RAJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------ L.A.A.NO.54 OF 2008 ------------------------------ Dated this the 6th day of October, 2008. JUDGMENT Smt. Latha Thankappan, Senior Government Pleader has addressed me strenuously on the various grounds raised. The submissions were resisted by Sri. Harish Gopinath. Having considered the submissions and having gone through the judgment under appeal, I notice that the learned Sub Judge has relied on Ext.A1. As directed by me, a copy of Ext.A1 is made available to me for perusal. It is seen that Ext.A1 property as well as the acquired property were included in the same category (category D) and the Land Acquisition Officer has awarded same rate of land value to both the properties. Thus, the probative value of Ext.A1 for determining the value of the acquired property can never be in doubt. The only question is whether Ext.A1 has attained finality. It is brought to my notice that Ext.A1 has attained finality since no appeal has been preferred against Ext.A1 so far. Under these circumstances, I am of the view that no useful purpose will be served to the Government by entertaining this appeal. Without any order as to costs, this appeal is dismissed. PIUS C. KURIAKOSE, JUDGE. . 2 cl