IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 LA.App..No. 1793 of 2007() -------------------------- LAR.42/2001 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: 1ST RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT.N.SUDHA RESPONDENTS: CLAIMANTS/2ND RESPONDENT ------------------------------------- 1. P.PAUL PRASAD, K.P.TX/24, HARVIPURAM LANE NO.1, PERURKADA POST, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM. 2. BABY, W/O P.PAUL PRASAD, K.P.TX/24, HARVIPURAM LANE NO.1, PERURKADA POST, KUDAPPANAKUNNUR VILLAGE, THIRUVANANTHAPURAM. 3. PRAKASH PAUL P., P.PAUL PRASAD, K.P.TX/24, HARVIPURAM LANE NO.1, PERURKADA POST, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM. 4. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM. R4 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR R1 BY ADV.SRI.SUBHASH CYRIAC THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.4725/2007 IN LAND ACQUISITION APPEAL NO.1793/2007 CLOSED SD/- KURIAN JOSEPH, JUDGE SD/- HARUN-UL-RASHID, JUDGE 26/02/2008 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ L.A.A.No. 1793 of 2007-C & C.M.Appln.No.2185/2007 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 26th day of February, 2008 J U D G M E N T Kurian Joseph, J. It is seen that C.M.Appln No.2185/2007 is filed for condoning the delay in filing the appeal against the judgment and decree in L.A.R No.42/2001 on the file of the II Additional Sub Court, Thiruvananthapuram. The claimant sought to place reliance on judgment and decree on L.A.R.No.75/2001, covered by the same notification and acquired for the same purpose. On merits it is seen that the acquisition is for the construction and expansion of dumping yard at Vilappilsala. Though the value as such was not followed, taking note of the fact that the acquired property is having road access and comparatively high potential, the value was fixed at the rate of Rs.10,000/- per cent in the place of Rs.5,675/- per cent originally fixed. It is brought to our notice that the land value in Ext.A1 judgment in L.A.R.No.75/2001 has become final. Still further it is seen that one document referred to in Ext.A1 was having land value at the rate of Rs.13,600/- per cent. Accordingly, the application and appeal are dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ms